“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

[2022] FWC 1623

[2022] FWC 1623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

(B2022/595)

DEPUTY PRESIDENT CLANCY MELBOURNE, 24 JUNE 2022

Proposed protected action ballot of employees of Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines.

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Iplex Pipelines Australia Pty Ltd T/A Ipex Pipelines (the Respondent).

1. The Respondent initially advised my Chambers that it did not object to the protected action ballot order being made. However, it raised a concern in relation to the form and content of the order, specifically the industrial action identified in question 9 of the proposed order and requested the Applicant to withdraw the question. In further correspondence to my Chambers, the Respondent confirmed its position and maintained its request for the removal of question 9 and the Applicant proposed an amended form of wording for proposed question 9. After reviewing the Application form, the Statutory Declaration and the correspondence from the parties, and while acknowledging the question about the clarity of the proposed question 9 raised by the Respondent, I cannot see a statutory basis upon which the Applicant’s application should be rejected.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Barry Terzic of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR743029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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