Iplex Pipelines Australia Pty Ltd Summary

[2018] FWCA 7437

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd

(AG2018/3848)

Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Albury

Manufacturing and associated industries
Commissioner Cirkovic	MELBOURNE, 6 DECEMBER 2018

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Albury.

An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Albury (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.

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.

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. 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.

The Agreement was approved on 6 December 2018 and, in accordance with s.54, will operate from 13 December 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the court was brought by Iplex Pipelines Australia Pty Ltd for the approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018. The dispute arose from the need to have this agreement approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues the court needed to address were whether the agreement met the criteria set out in the Fair Work Act and if the bargaining process was genuinely free from any coercion or undue influence. Specifically, the court needed to examine if the agreement was made in good faith and if it provided for the proper determination of terms and conditions of employment.

The Fair Work Commission assessed the agreement against the statutory requirements and found it to be compliant with the Fair Work Act. The court noted that the agreement had been the result of genuine negotiations between the employer and the employees, and there was no evidence of coercion or undue influence. The agreement was also deemed to cover all the necessary terms and conditions of employment as required by the Act. Thus, the court approved the application for the agreement's registration.

The Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018, and it was registered accordingly. This decision ensures that the terms and conditions set out in the agreement are legally enforceable and binding on both the employer and the employees.

Iplex Pipelines Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established