Iplex Pipelines Australia Pty Ltd

[2025] FWCA 2818

[2025] FWCA 2818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Iplex Pipelines Australia Pty Ltd

(AG2025/2043)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025 – RESERVOIR CRAIGIEBURN OPERATIONS

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 22 AUGUST 2025

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2025 – Reservoir Craigieburn Operations

1. An application has been made for the approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2025 – Reservoir Craigieburn Operations. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Iplex Pipelines Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 23.2.1 – Annual leave accrued as days rather than hours.
• Clause 23.3.3(e) – Personal/Carer’s leave limited to 24 hours notice only.
• Clause 24.2 – Suitable alternative employment not subject to s.120.

The Agreement contains a NES precedence clause within clause 1.4. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 22 of the Agreement provides for loaded rates but it is unclear if this clause was also intended to apply to casual employees which may be inconsistent with the decision of Loaded Rates in Agreements [2018] FWCFB 3610.[1] The Employer submitted that casual employees would not be paid loaded rates discussed in clause 22. The Employer further submitted that casual employees would be paid their applicable base rate plus the casual loading plus any relevant applicable penalties or loadings.

1. The Agreement appears to be silent on shift penalties for employees working less than five consectuive night or afternoon shifts. The Employer submitted that employees are not rostered to work non successive shift patterns. I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that non successive shift patterns are not reasonably foreseeable as that is relevant for the better off overall test.

1. The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Attachment C of the Agreement. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, 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.

1. The Australian Manufacturing Workers Union (AMWU) and the United Workers’ Union (UWU), 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 AMWU and the UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2025. The nominal expiry date of the Agreement is 1 April 2028.

COMMISSIONER

[1] [2018] FWCFB 3610 [121].

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