DECISION

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

Iplex Pipelines Australia Pty Limited
(AG2014/10799)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014 - BOHLE DISTRIBUTION

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014 - Bohle Distribution.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014 - 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] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 19 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Iplex Pipelines Australia Pty Ltd for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014. This agreement pertains to employees within the Bohle Distribution division of the company. The application came before the Commission as a result of the company's submission under the Fair Work Act 2009, seeking to have the agreement recognised as a registered enterprise agreement.

The legal issues before the Commission centred on whether the agreement met the requirements for registration as stipulated in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement complied with the procedural requirements for the negotiation and finalisation of the agreement and whether it contained the necessary minimum terms and conditions as mandated by the Act. The Commission also needed to ensure that the agreement was free from any prohibited content and that it had been fairly and properly negotiated.

In considering the application, the Commission examined the evidence provided by the parties and the compliance certificate issued by the Australian Building and Construction Commission. The Commission found that the agreement had been negotiated in good faith and that it contained all the required minimum terms and conditions. The Commission also noted that the agreement was free from any prohibited content and that it met all the procedural requirements for registration. As a result, the Commission approved the application and registered the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014 for the Bohle Distribution division.

The Fair Work Commission has approved the application for registration of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014 for the Bohle Distribution division. This decision is final and binding on all parties involved.

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