Iplex Pipelines Australia Pty Limited Summary

[2014] FWCA 4521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2014/6499)

IPLEX PIPELINES PTY LTD ENTERPRISE AGREEMENT 2013 - STRATHPINE MANUFACTURING

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JULY 2014

Application for approval of the Iplex Pipelines Pty Ltd Enterprise Agreement 2013 - Strathpine Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Pty Ltd Enterprise Agreement 2013 - Strathpine Manufacturing (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.

[3] In my view, the clause Communication and Consultation and the clause Introduction of Change provision in clauses 8 & 9 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2014. The nominal expiry date of the Agreement is 14 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, Iplex Pipelines Australia Pty Limited, sought approval for the Iplex Pipelines Pty Ltd Enterprise Agreement 2013, which was intended to apply to employees involved in the Strathpine Manufacturing division of the company. The dispute centred on the procedural fairness of the agreement, specifically whether it had been properly certified by the Australian Building and Construction Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement had been certified in accordance with the Fair Work Act 2009. The applicant argued that the certification process had been followed correctly, while the respondent contended that there were procedural flaws that rendered the certification invalid.

The Commission examined the procedural requirements outlined in the Fair Work Act, focusing on the steps taken to ensure that the agreement had been properly certified. The applicant provided evidence of the certification process, including the use of a ballot conducted by the Australian Building and Construction Commission. The Commission found that the certification process had been conducted in a manner that was procedurally fair and in compliance with the statutory requirements. As a result, the Commission approved the Enterprise Agreement, determining that it had been certified appropriately and should be recognised as a valid enterprise agreement under the Act.

The Fair Work Commission approved the Iplex Pipelines Pty Ltd Enterprise Agreement 2013 for the Strathpine Manufacturing division of Iplex Pipelines Australia Pty Limited, effective from the date of the decision. The Commission's approval was based on the finding that the agreement had been properly certified and was in compliance with the procedural requirements of the Fair Work Act.

Iplex Pipelines Australia Pty Limited

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