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

[2023] FWC 3234

[2023] FWC 3234

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
v

Iplex Pipelines Australia Pty Limited T/A Iplex Pipelines

(B2023/1334)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 7 DECEMBER 2023

Proposed protected action ballot of employees of Iplex Pipelines Australia Pty Limited Trading as 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 or 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 Limited[1] T/A Iplex Pipelines (Iplex or Employer). 

1. I note that the Australian Workers’ Union (AWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[2]

1. On 6 December 2023, the Commission was advised that Iplex, in effect, did not object to the Application as amended.[3]

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

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

1. I observe that the Parties agreed for the AMWU to provide the following undertaking, which has also been added to the ballot questions:

The AMWU undertakes to ensure that in an emergency situation where there is a risk to personal health and safety and where no other workers are available, AMWU members will be available to perform work. AMWU members will not engage in industrial action that would endanger the life, personal safety, health or welfare of the population or part thereof.

1. The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[4] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 10 January 2024.[5] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission.

1. An Order has been separately issued in PR769048.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2023/1333). To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] The Respondent’s name has been amended to reflect the apparent legal entity involved.

[2] B2023/1333.

[3] Iplex raised concern with some of the proposed questions on public interest and safety grounds. This was resolved via email correspondence, with some changes made by consent and Iplex confirming on 6 December 2023 that they no longer pressed any further objection.

[4] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[5] This was determined following consultation with the parties in light of the Ballot Agent’s Christmas closure period from 22 December 2023 to 8 January 2024.

Printed by authority of the Commonwealth Government Printer

<PR769047>