Iplex Pipelines Australia Pty Limited

[2013] FWCA 2337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2013/5558)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013 - OSBORNE PARK DISTRIBUTION

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 APRIL 2013

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2013 - Osborne Park Distribution.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2013 - Osborne Park Distribution (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] United Voice, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 20 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of Iplex Pipelines Australia Pty Limited, the applicant sought approval for the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2013 - Osborne Park Distribution. The application was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The applicant, Iplex Pipelines Australia Pty Limited, is a company engaged in the gas transmission and distribution industry, and the agreement in question pertains to the terms and conditions of employment for certain employees within the Osborne Park Distribution area. The application for approval was contested by the Australian Manufacturing Workers' Union, which raised concerns about the implications of the proposed agreement on the employees' conditions.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act and whether it provided for the employees' terms and conditions of employment in a fair and reasonable manner. Specifically, the Commission needed to determine whether the agreement provided for fair and reasonable minimum wages, included appropriate provisions for redundancy, and adequately protected employees' entitlements and rights. The Commission also considered whether the agreement had been made in good faith and whether it met the 'better off overall' test, which requires that the agreement should not disadvantage employees more than the applicable award or registered agreement.

After examining the evidence and submissions presented by both parties, the Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for fair and reasonable minimum wages, included provisions for redundancy and other employee entitlements, and was made in good faith. The Commission determined that the agreement was likely to be better off overall for the employees, as it provided for improved working conditions, enhanced benefits, and certain protections. Consequently, the Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2013 - Osborne Park Distribution, subject to the terms and conditions outlined in the approval order.

The final orders of the Commission approved the enterprise agreement, effective from the date of the decision, and mandated that the applicant provide the Australian Manufacturing Workers' Union with a copy of the approved agreement. The Commission also directed that the agreement be registered with the Fair Work Commission, thereby giving it legal effect. The applicant was required to comply with the terms of the agreement and ensure that its employees were informed of the new terms and conditions of employment.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established