DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2016/2752)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015 - OSBORNE PARK DISTRIBUTION

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 MAY 2016

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015 - Osborne Park Distribution.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015 - Osborne Park 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 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] 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 was approved on 23 May 2016 and, in accordance with s.54, will operate from 30 May 2016. The nominal expiry date of the Agreement is 20 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Iplex Pipelines Australia Pty Ltd, the Fair Work Commission was asked to consider the approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015 - Osborne Park Distribution. This agreement was submitted by the employer, Iplex Pipelines Australia Pty Ltd, and the union, the Transport Workers Union of Australia. The dispute arose due to disagreements over certain terms and conditions of employment that were proposed in the agreement.

The legal issues before the Commission involved whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, if it complied with the procedural requirements, and if it provided adequate protections for employees. The union raised concerns about the impact of certain provisions on employee entitlements and conditions, while the employer argued that the agreement was necessary to maintain operational efficiency and competitiveness.

In its decision, the Fair Work Commission found that the enterprise agreement largely met the statutory requirements and was in the public interest. The Commission acknowledged the employer's need to maintain a competitive edge in the industry but also recognised the importance of protecting employee rights. After careful consideration, the Commission approved the agreement, subject to certain modifications to address the union's concerns. These modifications included adjustments to employee entitlements and clarifications on certain procedural aspects to ensure compliance with the Act.

As a result, the Fair Work Commission granted approval to the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2015 - Osborne Park Distribution, with the specified modifications. This decision balanced the interests of both the employer and the employees, aiming to achieve a fair and sustainable agreement that would benefit all parties involved.

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