National Union of Workers v Iplex Pipelines Australia Pty Limited

[2014] FWC 2358

[2014] FWC 2358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Iplex Pipelines Australia Pty Limited
(B2014/661)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 8 APRIL 2014

Proposed protected action ballot by employees of Iplex Pipelines Australia Pty Ltd.

[1] This is an application by the National Union of Workers (NUW) 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 Limited (the Respondent).

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately six occasions since it served a log of claims on the Respondent on or about 22 July 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 8 April 2014 I was advised by Mr William Volkman, National Distribution Manager, and Mr Rohan Lacey, Distribution Manager, that the Respondent will not be opposing the application for a protected action ballot order. In doing so, the Respondent did not challenge that the NUW had been and was genuinely trying to reach an agreement.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR549471] is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR549470>