Transport Workers' Union of Australia v Iplex Pipelines Australia Pty Limited

[2023] FWC 998

[2023] FWC 998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Iplex Pipelines Australia Pty Limited

(B2023/366)

COMMISSIONER HUNT BRISBANE, 27 APRIL 2023

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

1. The Transport Workers’ Union of Australia (TWU) has made an application 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). The application was accompanied by a statutory declaration of Mr Tom Pfund, TWU Organiser.

1. The Respondent notified an objection the application pertaining to question 8 within the proposed ballot. A hearing by video was listed for 27 April 2023. Noting the Respondent’s objection, and having reviewed similar questions permitted in protected action ballot orders made by the Fair Work Commission (the Commission) on earlier occasions, I caused my chambers to inquire of the parties if the following question within the ballot could be agreed between the parties:

“A ban on the performance of work unless wearing badges and/or hats and/or face masks with TWU branding and/or TWU EBA campaign messages and/or Hi Visibility clothing in addition to the employer’s uniform either periodically or indefinitely, so long as this does not contravene site safety and personal protective equipment requirements?”

1. The TWU wrote to my chambers the following day advising that the parties would consent to Question 8 being drafted as follows:

“A ban on the performance of work unless wearing shirts and/or badges and/or hats and/or face masks with TWU branding and/or TWU EBA campaign messages and/or Hi Visibility clothing instead of, or in addition to the employer's uniform either periodically or indefinitely, so long as this does not contravene site safety and personal protective equipment requirements?”

1. As a result of the consent position, the Respondent no longer pressed its objection. In the circumstances, I have decided to determine the matter on the papers.

1. On the basis of the material before me, including the declaration of Mr Pfund setting out the steps taken by the TWU in bargaining with the Respondent and confirming that the TWU has been, and is, genuinely trying to reach agreement with the Respondent, I am also satisfied there is a notification time in relation to the proposed agreement and the requirement in section 443(1) of the Act have been met.

1. I am satisfied that the TWU has given noticed in accordance with s.440 of the Act.

1. The Order [PR761438] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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