DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2020/1447)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019 – CHIPPING NORTON DISTRIBUTION

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 JUNE 2020

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Chipping Norton Distribution.

[1] An application has been made for approval of an enterprise agreement to be known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Chipping Norton Distribution (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Iplex Pipelines Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 23 June 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2020. The nominal expiry date of the Agreement is 29 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent application concerning the approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 for the Chipping Norton Distribution, the Fair Work Commission was tasked with assessing the proposed agreement. The application was brought by the employer, Iplex Pipelines Australia Pty Ltd, to ensure the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred around whether the agreement contained all the necessary provisions and was fair and reasonable in accordance with the legislative framework.

The legal issues before the Commission included whether the agreement adequately provided for the rights and obligations of employees and employers, whether it complied with the relevant provisions of the Fair Work Act, and if it met the criteria for being a single, integrated agreement. A particular focus was on whether the agreement appropriately balanced the interests of both parties and provided for effective dispute resolution mechanisms. Additionally, the Commission needed to determine if the agreement was certified in accordance with the prescribed method under the Act.

The Commission meticulously examined the proposed agreement, considering the submissions from both parties. It was noted that the agreement comprehensively addressed the rights and obligations of both employers and employees, included necessary provisions for pay and conditions, and incorporated mechanisms for dispute resolution. The Commission found that the agreement was not only compliant with the statutory requirements but also achieved a fair balance between the interests of the employer and employees. Consequently, the Commission approved the agreement, finding it to be a single, integrated document that met all the criteria set out in the Fair Work Act.

The final orders of the Commission were to approve the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 for the Chipping Norton Distribution. The agreement was certified as meeting all the necessary requirements under the Fair Work Act, effective from the date of the Commission's decision. This decision provides clarity for both the employer and employees, ensuring that the terms of employment are legally sound and fair.

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