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

1 PR620185

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), for a protected action ballot order in relation to employees of Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines. The application was made under section 437 of the Fair Work Act 2009. The employees in question were covered by the Iplex Pipelines Pty Limited Enterprise Agreement 2016 – Elizabeth Manufacturing. Iplex Pipelines did not contest the application.

The Commission had to determine whether the AMWU had genuinely attempted to negotiate in good faith with Iplex Pipelines and if the conditions for issuing a ballot order were met under section 437 of the Fair Work Act. Commissioner Hampton reviewed the statutory declaration from Mr Gordon of the AMWU, which detailed the union's efforts in bargaining with Iplex Pipelines. The declaration confirmed that the union had been genuinely trying to reach an agreement and that all procedural requirements had been satisfied. Based on this evidence, the Commissioner concluded that the application met the criteria for a ballot order.

In light of the evidence presented, Commissioner Hampton issued an order permitting the AMWU to conduct a ballot for protected industrial action, as required by the Fair Work Act. The decision was made without a hearing, as Iplex Pipelines did not oppose the application. The order allows the AMWU to proceed with the ballot as per the provisions of the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established