Iplex Pipelines Australia Pty Limited

[2020] FWCA 5319

[2020] FWCA 5319

FAIR WORK COMMISSION

DECISION

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

Iplex Pipelines Australia Pty Limited
(AG2020/2831)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020 - ALBURY

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 5 OCTOBER 2020

Application for approval of the Iplex Pipelines Australia Pty Ltd - Enterprise Agreement 2020- Albury.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2020 - Albury (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iplex Pipelines Australia Pty Limited. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 23.3.3(e)

•  Clause 23.7.1; and

•  Clause 25.5.

However, noting clause 1.4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 5 October 2020 and, in accordance with s.54, will operate from 12 October 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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