DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Coast Pipeline Pty Ltd
(AG2017/4613)

EAST COAST PIPELINE PTY LTD ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2017

Application for approval of the East Coast Pipeline Pty Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the East Coast Pipeline Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Coast Pipeline Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 20 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

East Coast Pipeline Pty Ltd was the subject of an application for the approval of the Enterprise Agreement 2017-2020, which was heard by the Fair Work Commission. The dispute revolved around the terms and conditions of employment for the workers under the proposed agreement. The company sought approval for the agreement, while the union representing the workers contested certain provisions, arguing they were unfair and not in line with the relevant industrial instruments.

The primary legal issue was whether the provisions of the Enterprise Agreement 2017-2020 complied with the requirements set forth in the Fair Work Act 2009. Specifically, the union argued that the proposed changes to shift patterns and pay rates were not fair and that the agreement did not adequately address the needs of the employees. The Commission needed to determine if the agreement met the "better off overall test" and if it was made in good faith.

In delivering its decision, the Fair Work Commission found that the proposed Enterprise Agreement 2017-2020 was fair and met the requirements of the Act. The Commission considered the economic and non-economic benefits and detriments to the employees and concluded that the agreement was likely to be better for the employees overall. It was also satisfied that the agreement was made in good faith. Consequently, the Commission approved the Enterprise Agreement 2017-2020.

East Coast Pipeline Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established