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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Limited, the employer, applied to the Fair Work Commission for approval of an enterprise agreement, titled the Iplex Pipelines Australia Pty Ltd - Enterprise Agreement 2020- Albury. The agreement was negotiated between the employer and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application for approval came before the Commission to determine whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements for an enterprise agreement, whether it was made in good faith, and whether it contained terms and conditions that were fair and reasonable. Specifically, the Commission had to consider whether the agreement was negotiated genuinely, whether it contained the minimum terms and conditions prescribed by the Act, and whether it complied with the procedural requirements for approval.

In considering these issues, the Commission examined the evidence provided by both parties and assessed whether the agreement met the statutory requirements. The Commission found that the agreement had been negotiated in good faith and contained the minimum terms and conditions as required by the Act. Additionally, the Commission was satisfied that the agreement complied with the procedural requirements for approval, including the notification and consultation processes. Consequently, the Commission approved the enterprise agreement, finding that it was fair and reasonable in all respects.

The final orders of the Commission were that the Iplex Pipelines Australia Pty Ltd - Enterprise Agreement 2020- Albury be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the employment terms and conditions of the employees covered by the agreement.

Iplex Pipelines Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established