United Workers' Union v Iplex Pipelines Australia Pty Ltd

[2025] FWC 988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Iplex Pipelines Australia Pty Ltd

(B2025/608)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 APRIL 2025

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

This is an application by the United Workers’ Union (UWU 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 Ltd (Iplex or Employer).

On 8 April 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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

On the basis of the material before me, including the declaration of Liam Armstrong, Organiser, setting out the steps taken by the UWU 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.

The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 29 April 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR785939.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement 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] This is, in effect, 12 working days from the making of the Order and was the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the United Workers' Union (UWU) for a protected action ballot order under section 437 of the Fair Work Act 2009. The UWU sought to conduct a ballot of certain employees of Iplex Pipelines Australia Pty Ltd (Iplex). The employer did not object to the application, allowing the Deputy President to proceed with a decision based on the written submissions. The key legal issue was whether the UWU had satisfied all the requirements under section 443 of the Act for conducting a protected action ballot. These requirements include proving that there is a notification time in relation to the proposed agreement, and that the union has genuinely tried to reach an agreement with the employer. The Deputy President concluded that the union had met these requirements, as evidenced by the declaration of Liam Armstrong, an Organiser for the UWU, which outlined the union's bargaining efforts with Iplex.

In making the decision, the Deputy President relied on the declaration provided by the UWU which detailed the steps taken to reach an agreement with Iplex. The declaration provided sufficient evidence that the union had genuinely attempted to negotiate an agreement with the employer. The Deputy President also confirmed that the proposed ballot agent, Fair Vote Services Pty Ltd, was duly authorised to conduct the ballot under section 468A of the Act. The Deputy President set the closing date for voting as 29 April 2025, which was 12 working days from the issuance of the order, in line with the union's request. This date also established the ballot period under section 448A(2) of the Act. Additionally, the matter was assigned to another member of the Commission to conduct a compulsory conciliation conference under section 448A, with directions to be issued to ensure meaningful negotiations.

In summary, the Fair Work Commission granted the UWU's application for a protected action ballot order, setting the closing date for voting as 29 April 2025. The decision was based on the evidence provided by the UWU that it had genuinely attempted to negotiate with Iplex and that all legal requirements for the ballot had been met. The matter was also assigned to another member of the Commission for a compulsory conciliation conference to facilitate further negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established