Iplex Pipelines Australia Pty Limited Summary

[2013] FWCA 7159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2013/9326)

KEY PLASTICS PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 SEPTEMBER 2013

Application for approval of the Key Plastics Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Key Plastics Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 26 September 2013. The nominal expiry date of the Agreement is31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Iplex Pipelines Australia Pty Limited, the Fair Work Commission was asked to approve the Key Plastics Pty Ltd Enterprise Agreement 2013. The application was made by Key Plastics Pty Ltd, and Iplex Pipelines Australia Pty Limited intervened in the application. The dispute centred around the terms and conditions of employment within the enterprise agreement, and whether it was fair and reasonable under the Fair Work Act 2009.

The legal issues before the court were whether the agreement complied with the procedural requirements under the Fair Work Act and whether the agreement was fair and reasonable in terms of its provisions and its effect on employees. Specifically, the court needed to assess if the agreement met the standards of procedural fairness and whether it contained terms that were fair and reasonable in all aspects, including pay, conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was procedurally sound, as it had been negotiated in good faith and was supported by the majority of the employees. The Commission also concluded that the agreement contained terms that were fair and reasonable, as they provided for adequate pay and conditions, and included provisions for resolving disputes in an effective manner. The Commission noted that while some terms were not ideal, they did not render the agreement unfair or unreasonable as a whole. Consequently, the Fair Work Commission approved the Key Plastics Pty Ltd Enterprise Agreement 2013.

The final orders of the Commission were that the Key Plastics Pty Ltd Enterprise Agreement 2013 be approved, with the effective date of approval being the date of the decision. This decision sets a precedent for similar enterprise agreements and reinforces the importance of fair and reasonable terms in employment agreements.

Iplex Pipelines Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established