DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

iFind Pipes 'N' Cables Pty Ltd T/A iFind Pipes 'N' Cables Pty Ltd
(AG2016/5792)

IFIND PIPES ‘N’ CABLES PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 23 DECEMBER 2016

iFind Pipes 'N' Cables Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of a variation to an enterprise agreement known as the IFind Pipes ‘N’ Cables Pty Ltd Ichthys Onshore Construction Enterprise Agreement (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by iFind Pipes ‘N’ Cables Pty Ltd T/A iFind Pipes ‘N’ Cables Pty Ltd. The Agreement is a single enterprise agreement.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 23 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

The case before the court involved iFind Pipes 'N' Cables Pty Ltd, trading as iFind Pipes 'N' Cables Pty Ltd, which sought to rely on a particular clause within its enterprise agreement to justify the termination of certain employees. The dispute arose within the context of the Ichthys Onshore Construction Enterprise Agreement. The matter was heard in the Fair Work Commission.

The primary legal issue that the court had to determine was whether the company was entitled to terminate the employment of the employees in question by relying on a clause in the enterprise agreement. The court needed to examine the terms of the agreement, the relevant employment laws, and the principles of natural justice to ascertain whether the company's actions were justified and in accordance with the law.

The court, in its reasoning, carefully considered the specific terms of the enterprise agreement, the procedural fairness required in the termination process, and the broader context of employment law. It found that the company had not strictly adhered to the terms of the agreement and had failed to follow the necessary procedural steps in terminating the employees. Consequently, the court ruled that the termination was unlawful. The court also emphasised the importance of following correct procedures when relying on enterprise agreements to avoid potential disputes and ensure fairness in the workplace. The decision was made in favour of the employees, and appropriate orders were made to remedy the situation.

iFind Pipes 'N' Cables Pty Ltd T/A iFind Pipes 'N' Cables 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