DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Coast Pipeline Pty Ltd
(AG2015/4163)

EAST COAST PIPELINE ENTERPRISE AGREEMENT PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2015

Application for approval of the East Coast Pipeline Enterprise Agreement Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the East Coast Pipeline Enterprise Agreement Pty Ltd Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 August 2015 and, in accordance with s.54, will operate from 1 September 2015. The nominal expiry date of the Agreement is 1 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, East Coast Pipeline Pty Ltd, sought approval of the East Coast Pipeline Enterprise Agreement 2015 from the Fair Work Commission. The dispute arose as the applicant sought to have the agreement, which was made between the applicant and its employees, approved under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a simple, single-enterprise agreement that could be approved without a vote from the employees. The applicant argued that the agreement was fair and reasonable and that it complied with all the statutory requirements for approval.

The Commission found that the agreement was a simple, single-enterprise agreement that covered a small number of employees. The agreement provided for a range of terms and conditions of employment, including pay rates, hours of work, and leave entitlements. The Commission determined that the agreement was fair and reasonable and met all the statutory requirements for approval. The Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Commission's decision was based on the fact that the agreement was a simple, single-enterprise agreement that met all the statutory requirements for approval. The Commission noted that the agreement provided for a range of terms and conditions of employment that were fair and reasonable. The Commission also found that the agreement was not likely to have a significant impact on the employees or the broader community. As a result, the Commission approved the agreement, and it came into effect on the date of the Commission's decision.

East Coast Pipeline Pty Ltd

DECISION

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Legal Principle Established