DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2016/2747)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015- TOOWOOMBA

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 MAY 2016

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015 - Toowoomba.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015 - Toowoomba (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iplex Pipeline Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. 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 Australian 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] The Agreement was approved on 31 May 2016 and, in accordance with s.54, will operate from 7 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Ltd applied to the Fair Work Commission for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015, which was made under section 233 of the Fair Work Act 2009. The application was made by the employer and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of employment, including wages, working hours, and other related matters, for employees engaged by the company in Toowoomba, Queensland.

The primary legal issue the Commission needed to resolve was whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. This required the Commission to consider if the agreement provided for fair and reasonable terms and conditions of employment, was free from provisions that were contrary to public policy or a matter of national economic significance, and did not contain any terms that were discriminatory or otherwise unlawful. Additionally, the Commission needed to ensure that the agreement was made in good faith and that the parties had bargaining power that was not significantly unequal.

After examining the evidence and submissions, the Commission determined that the agreement was fair and reasonable and met the statutory criteria for approval. The Commission noted that the agreement provided for appropriate wage rates and working conditions, and that the parties had engaged in good faith negotiations. The Commission also found that the agreement did not contain any terms that were contrary to public policy or a matter of national economic significance, and that the parties had bargaining power that was not significantly unequal. As a result, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

The Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The agreement was to apply to employees engaged by the company in Toowoomba, Queensland, and provided for fair and reasonable terms and conditions of employment. The Commission's decision was based on its finding that the agreement met the statutory criteria for approval and was made in good faith by parties with bargaining power that was not significantly unequal.

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