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

[2018] FWC 4975

[2018] FWC 4975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protection action ballot order

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
(IA2018-4594)

COMMISSIONER HAMPTON ADELAIDE, 24 AUGUST 2018

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

[1] An application has been made by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines (Iplex) covered by the Iplex Pipelines Pty Limited Enterprise Agreement 2016 – Elizabeth Manufacturing (the Agreement).

[2] On 23 August 2018, the Commission wrote to Iplex Pipelines seeking an indication of its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that Iplex Pipelines does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Gordon of the AMWU setting out the steps taken by it in bargaining with Iplex Pipelines and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

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