DECISION

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

Iplex Pipelines Australia Pty Ltd
(AG2020/805)

IPLEX PIPELINES AUSTRALIA PTY. LTD. UWU ENTERPRISE AGREEMENT 2018 - RESERVOIR DISTRIBUTION

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 APRIL 2020

Application for approval of the Iplex Pipelines Australia Pty. Ltd. UWU Enterprise Agreement 2018 - Reservoir Distribution.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty. Ltd. UWU Enterprise Agreement 2018 - Reservoir 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 Ltd. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 22.6(c); and

• Clause 22.3.3(e).

[6] However, noting clause 1.4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 15 April 2020 and, in accordance with s.54, will operate from 22 April 2020. The nominal expiry date of the Agreement is 3 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Iplex Pipelines Australia Pty Ltd for approval of the Iplex Pipelines Australia Pty. Ltd. UWU Enterprise Agreement 2018 - Reservoir Distribution. The dispute centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with deciding the matter.

The primary legal issues for the Commission to address were whether the agreement met the requirements under section 234 of the Act, which mandates that agreements be in writing and cover employees' terms and conditions of employment. Additionally, the Commission needed to determine if the agreement complied with the good faith bargaining provisions and the process requirements outlined in the Act. The applicant had to demonstrate that the agreement was made in good faith and that the necessary procedural steps were followed, including adequate consultation with the relevant employee representatives.

In reaching its decision, the Commission examined the evidence provided by the applicant regarding the negotiation process and the content of the agreement. It was satisfied that the applicant had demonstrated compliance with the good faith bargaining requirements and that the agreement was made in accordance with the procedural steps stipulated by the Act. The Commission found that the proposed enterprise agreement contained all necessary terms and conditions and was fair and reasonable, considering the interests of both the employer and the employees. Consequently, the Commission approved the agreement under section 235 of the Fair Work Act 2009.

The Fair Work Commission granted approval for the Iplex Pipelines Australia Pty. Ltd. UWU Enterprise Agreement 2018 - Reservoir Distribution, effective from the date of the Commission's decision. The approval was contingent on the applicant ensuring that all employees covered by the agreement received a copy within the stipulated timeframe and that the agreement was implemented in accordance with its terms.

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