DECISION

Fair Work Act 2009
s.185—Enterprise agreement

iFind Pipes ‘N’ Cables Pty Ltd
(AG2016/1587)

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

Northern Territory
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the iFind Pipes ‘N’ Cables Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the iFind Pipes ‘N’ Cables Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by iFind Pipes ‘N’ Cables Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 27 July 2016 and, in accordance with s.54, will operate from 3 August 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were iFind Pipes ‘N’ Cables Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was the application for approval of the iFind Pipes ‘N’ Cables Pty Ltd Ichthys Onshore Construction Enterprise Agreement under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement met the requirements for registration under section 232 of the Act, and if it contained the prescribed terms. The primary concern was whether the agreement adequately protected the interests of the employees and complied with the statutory requirements for an enterprise agreement. The court had to consider whether the agreement was a genuine enterprise agreement and if it was made in good faith and without coercion.

The Fair Work Commission found that the agreement met all the statutory requirements for registration. The court was satisfied that the agreement was a genuine enterprise agreement made in good faith and without coercion. The agreement contained all the prescribed terms and adequately protected the interests of the employees. The court approved the agreement and registered it under the Fair Work Act 2009.

The court ordered that the iFind Pipes ‘N’ Cables Pty Ltd Ichthys Onshore Construction Enterprise Agreement be approved and registered. The agreement would now be binding on all employees covered by the agreement and on the employer. The court's decision provided certainty and stability to the parties and ensured that the employees' interests were protected under the agreement.

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