National Union of Workers v Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

[2018] FWC 4968

[2018] FWC 4968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protection action ballot order

National Union of Workers

v

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

(IA2018-4595)

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 National Union of Workers (NUW) on 22 August 2018 under s.437 of the Fair Work Act 2009 (the Act) seeking 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).

1. On 23 August 2018, the Commission wrote to Iplex seeking an indication of its position on the application and requested advice if the matter was to be contested.

1. On the same date, the NUW forwarded an amended application to the Commission which proposed minor changes to the ballot questions. That application was also provided to Iplex and the Commission provided an opportunity for Iplex to also make any submission on the proposal to amend the application. The NUW also confirmed service of the amended application on the Australian Electoral Commission as required by s.440 of the Act.

1. On 24 August 2018, the Commission was advised that Iplex did not oppose the amended application.

1. In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

1. I have considered all of the material before me, including the statutory declaration of Mr Rowan Payne of the NUW setting out the steps taken by it in bargaining with Iplex 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.

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

COMMISSIONER

[1] PR620163

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