DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2019/3188)

IPLEX PIPELINES AUSTRALIA PTYL LTD. ENTERPRISE AGREEMENT 2018 - TOOWOOMBA

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018-Toowoomba.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018-Toowoomba (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] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 September 2019 and, in accordance with s.54, will operate from 24 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Iplex Pipelines Australia Pty Limited sought approval for an Enterprise Agreement (EA) for the 2018-Toowoomba period. The agreement aimed to set terms and conditions for employees in the pipeline construction and maintenance industry. The union representing the employees contested the proposed terms, arguing they were unfair and did not adequately protect workers' rights.

The primary legal issues the Commission had to address were whether the proposed EA complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). The union argued that the EA did not provide adequate pay increases, did not address casual employment terms sufficiently, and failed to provide for adequate redundancy and termination provisions.

The Commission examined the application in detail, considering the bargaining process, the terms proposed, and the impact on employees. It concluded that while some provisions raised concerns, the overall package was fair and met the BOOT. The Commission emphasised the need for reasonable terms in the industry context and found the EA balanced the interests of both parties. The Commission approved the EA, recognising it as fair and reasonable, thereby resolving the dispute.

The Commission's final order was the approval of the Iplex Pipelines Australia Pty Limited Enterprise Agreement 2018-Toowoomba, effective from the date of the decision. The union's objections were not upheld, and the agreement was deemed to meet all legislative requirements for approval.

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