DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2020/885)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019 – RESERVOIR MANUFACTURING

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 APRIL 2020

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Reservoir Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Reservoir 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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Iplex Pipelines Australia Pty Ltd applied for the approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Reservoir Manufacturing. The agreement in question proposed terms and conditions of employment for employees within the reservoir manufacturing sector of the company. The application for approval was met with scrutiny, focusing on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was fair and reasonable.

The central legal issues before the Commission involved assessing the compliance of the proposed agreement with the Fair Work Act, specifically the "better-off-overall test" under section 235 of the Act. This test requires that employees be no worse off financially under the new agreement compared to their previous terms of employment or applicable awards. Additionally, the Commission had to determine whether the agreement was procedurally sound, considering the fairness and reasonableness of its provisions.

In delivering its decision, the Commission examined the evidence and submissions presented by the parties. It considered the financial implications for employees, the negotiation process, and whether there were any unfair provisions that did not align with the principles of the Fair Work Act. After careful deliberation, the Commission found that the agreement met the statutory requirements and passed the better-off-overall test. The Commission also concluded that the agreement was procedurally fair and reasonable, taking into account the specific needs and circumstances of the employees involved.

Consequently, the Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Reservoir Manufacturing, endorsing its terms and conditions for implementation. This decision ensures that the employees covered by the agreement are provided with a fair and lawful employment framework that aligns with the regulatory standards set forth by the Fair Work Act.

Iplex Pipelines Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established