Iplex Pipelines Australia Pty Limited Summary

[2014] FWCA 2959

The attached document replaces the document previously issued with the above code on 6 May 2014.

The title of the Agreement has been amended to read:

‘Iplex Pipelines Australia Pty Limited Enterprise Agreement 2013 - Reservoir Manufacturing’

where occurring throughout the Decision.

Fran Cashman

Associate to Commissioner Ryan

Dated: 6 May 2014

[2014] FWCA 2959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2014/5166)

IPLEX PIPELINES AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2013 - RESERVOIR MANUFACTURING

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 MAY 2014

Application for approval of the Iplex Pipelines Australia Pty Limited Enterprise Agreement 2013 - Reservoir Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Limited Enterprise Agreement 2013 - Reservoir Manufacturing (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Iplex Pipelines Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 13 May 2014.The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, Iplex Pipelines Australia Pty Limited, sought approval of the Enterprise Agreement 2013 - Reservoir Manufacturing, from the Fair Work Commission (FWC). The agreement was intended to cover employees who were members of the relevant union. The nature of the dispute was whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and contained the required minimum terms and conditions.

The legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act, whether the agreement contained the required minimum terms and conditions, and whether the agreement was made in good faith. The applicant argued that the agreement was procedurally valid, contained the required minimum terms and conditions, and was made in good faith. The union argued that the agreement was not procedurally valid, did not contain the required minimum terms and conditions, and was not made in good faith.

The Commission found that the agreement was procedurally valid and contained the required minimum terms and conditions. The Commission found that the agreement was made in good faith and approved the agreement. The Commission noted that the agreement contained provisions that were better than the relevant award and that the agreement provided for a significant increase in wages and other benefits for employees. The Commission also noted that the agreement provided for a dispute resolution procedure that was fair and efficient. The Commission found that the agreement was not unfair or unreasonable and that it was in the best interests of the employees. The Commission approved the agreement.

The Fair Work Commission approved the Enterprise Agreement 2013 - Reservoir Manufacturing, made between Iplex Pipelines Australia Pty Limited and the relevant union. The Commission found that the agreement was procedurally valid, contained the required minimum terms and conditions, and was made in good faith. The Commission approved the agreement and it will now be registered with the Fair Work Commission.

Iplex Pipelines Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established