Chemicals Australia Operations Pty Ltd known as Ixom (formerly Orica Australia Pty Ltd) v The Australian Workers' Union

[2015] FWC 2741

[2015] FWC 2741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.

Chemicals Australia Operations Pty Ltd known as Ixom (formerly Orica Australia Pty Ltd)
v
The Australian Workers' Union
(C2015/2605)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 22 APRIL 2015

Alleged industrial action.

[1] This is an application by Chemicals Australia Operations Pty Ltd, described as Ixom (the Company) for orders that industrial action, as notified by the Australian Workers Union (the AWU) on 15 April and 16 April 2015 and any subsequent notification which may be made for a later date be stopped pursuant to s.418 of the Fair Work Act 2009 (the Act).

[2] The main ground of the application is that the action is not “employee claim” action as provided for in s.408 and s.409 of the Act.

[3] In order to finally decide this matter I would need to be satisfied that negotiations for the enterprise agreement, which have been the subject of a number of conferences and proceedings before the Commission as presently constituted, have reached an irresolvable impasse.

[4] It is not clear from the evidence that this has occurred. In addition, it is not in the public interest or consistent with the overall objectives of the Act to make this determination at this stage.

[5] It is also not desirable for industrial action to take place when, on any view of the conduct of negotiations, the parties have been very close to an agreement.

[6] In the circumstances, it is appropriate to make an interim order to stop the industrial action pursuant to s.420. I so order.

[7] In accordance with s.420(5) of the Act the interim order will operate until the application is determined.

[8] The application will be listed for conference/hearing at noon on Monday, 27 April in Sydney. I also intend to list the other applications that have been before me at the same time.

[9] I request the Company provide to the AWU and the Commission, prior to 27 April, a document which sets out fully its current offer.

Interim Order pursuant to s.420

1. That the industrial action notified by the AWU at the Chloralkali Botany Plant of Chemicals Australia Operations Pty Ltd known as Ixom to take place on 22 and 23 April 2015 or such later date, which is prior to the final determination of the application by Chemicals Australia Operations Pty Ltd made on 20 April 2015, pursuant to s.418, be stopped.

2. In accordance with s.420(5) this Interim Order continues in operation until the application is determined.

DEPUTY PRESIDENT

Appearances:

A. Mansini with J. Borg for the Applicant;

V. Falconer with N. Porter for the AWU.

Hearing details:

2015

Sydney (with video link to Melbourne):

April 21.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR563302>