DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2017/5052)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016 - CHIPPING NORTON DISTRIBUTION

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COMMISSIONER JOHNS	SYDNEY, 6 FEBRUARY 2018

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Chipping Norton Distribution.

[1] On 25 October 2017 Iplex Pipelines Australia Pty Ltd (Applicant) made an application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Chipping Norton Distribution (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the National Union of Workers has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The National Union of Workers, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 February 2018. The nominal expiry date of the Agreement is 29 November 2019.

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 Enterprise Agreement 2016 - Chipping Norton Distribution under the Fair Work Act 2009. The applicant is an employer and the respondents are the unions representing the employees. The unions opposed the application on the basis that the agreement contained terms that were not fair and reasonable. The application was heard by the Fair Work Commission.

The legal issues before the Commission were whether the terms of the agreement were fair and reasonable, and whether the agreement met the requirements of the Fair Work Act. The Commission considered whether the agreement provided for terms and conditions that were fair and reasonable, and whether the agreement provided for a fair process for resolving disputes. The Commission also considered whether the agreement provided for a fair process for the transfer of employees to the applicant.

The Commission found that the agreement was fair and reasonable and met the requirements of the Fair Work Act. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, and provided for a fair process for resolving disputes. The Commission also found that the agreement provided for a fair process for the transfer of employees to the applicant. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Enterprise Agreement 2016 - Chipping Norton Distribution and made orders for its registration. The unions' application for a review of the decision was dismissed.

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