DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2018/1924)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018 – CHIPPING NORTON MANUFACTURING

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2018

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Chipping Norton Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Chipping Norton 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] 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] 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.

[4] United Voice 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 28 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Iplex Pipelines Australia Pty Ltd, sought approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Chipping Norton Manufacturing. The matter was heard by the Fair Work Commission, presided over by Deputy President E. J. A. Ryan. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically if it complied with the provisions concerning good faith bargaining, the protection of employees' rights, and the resolution of disputes.

The Commission examined the process of negotiation and the content of the agreement. It considered whether the agreement was the product of genuine and meaningful negotiations between the parties and whether it adequately protected employees' rights. The Commission also assessed if the agreement contained provisions that were contrary to public policy or contrary to the fundamental rights of employees. Furthermore, the Commission had to determine whether the agreement included adequate dispute resolution mechanisms.

After considering the evidence and submissions, the Commission found that the agreement was the result of genuine and meaningful negotiations. It was determined that the agreement did not contravene any statutory provisions and adequately protected employees' rights. The Commission was satisfied that the agreement contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Chipping Norton Manufacturing, finding it to be in compliance with the requirements of the Act.

The final orders of the Commission were that the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Chipping Norton Manufacturing be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the date of the Commission's decision and would remain in effect until the earlier of 5 years from that date or any termination or variation by the parties.

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