DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2017/2080)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017 - BOHLE DISTRIBUTION

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 JUNE 2017

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Bohle Distribution.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Bohle Distribution (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 23 June 2017 and, in accordance with s.54, will operate from 30 June 2017. The nominal expiry date of the Agreement is 19 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Iplex Pipelines Australia Pty Limited, sought approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Bohle Distribution. The Fair Work Commission (FWC) was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009. The dispute arose from the terms and conditions of employment outlined in the proposed agreement and whether these were consistent with the provisions of the Act.

The primary legal issue before the FWC was whether the agreement was procedurally and substantively valid. Procedurally, the FWC needed to assess whether the agreement had been made in accordance with the requirements of the Act, including the provisions on genuine agreement. Substantively, the FWC had to consider whether the agreement included terms that were unfair, failed to provide for a minimum rate of pay or conditions, or were otherwise inconsistent with the national workplace relations system.

The FWC found that the agreement had been made in accordance with the procedural requirements of the Act. The applicant had demonstrated a genuine attempt to reach an agreement through good faith negotiations, and the agreement had been duly certified by an independent certifier. In terms of substance, the FWC determined that the agreement did not include any terms that were unfair or inconsistent with the national workplace relations system. The agreement provided for a minimum rate of pay and conditions that were no less favourable than the applicable awards or registered agreements.

Consequently, the FWC approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Bohle Distribution. The decision was made on the basis that the agreement was procedurally valid and substantively fair, meeting all the necessary criteria under the Fair Work Act 2009.

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