The Australian Workers' Union v Iplex Pipelines Australia Pty Limited T/A Iplex Pipelines

[2023] FWC 3235

[2023] FWC 3235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Iplex Pipelines Australia Pty Limited T/A Iplex Pipelines

(B2023/1333)

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 Australian Workers’ Union (AWU 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 (Iplex or Employer). 

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 7 December 2023, the Commission was advised that Iplex, in effect, did not object to the Application as amended.[2]

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 Michael Anderson, AWU Organiser, setting out the steps taken by the AWU 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 AWU to provide the following undertaking, which has also been added to the ballot questions:

“The AWUEQ undertakes to ensure that during any period of industrial action, members will be available to perform work in genuine emergencies where there is a risk to health and/or safety.”

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[3] 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.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The sequence of Clauses 6 to 9 in the proposed order were rearranged to reflect the Commission’s normal drafting practice.

1. An Order has been separately issued in PR769050.

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 (B2023/1334). 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] B2023/1334.

[2] The Employer initially raised some safety concerns with particular proposed ballot questions. The Applicant subsequently provided a revised proposed order and submissions on 6 December 2023, and the Employer confirmed they did not intend to press the objections on 7 December 2023.

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

[4] 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

<PR769049>