DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2015/4848)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014 – OSBORNE PARK MANUFACTURING

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014 - Osborne Park Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014 - Osborne Park 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The 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.

[4] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Ltd brought an application before the Fair Work Commission seeking approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically in relation to the enterprise’s bargaining power and the negotiation process. The Commission was tasked with determining whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions of employment.

The primary legal issues revolved around whether the agreement was made in good faith and whether it contained all the required minimum terms. The applicant argued that the agreement was the result of genuine negotiations and included all necessary terms. The respondent contended that certain aspects of the negotiation process and the terms of the agreement did not comply with the statutory requirements. The Commission had to assess the bargaining power of the parties, the negotiation process, and the substantive terms of the agreement to determine its validity.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the required minimum terms. The Commission noted the applicant's significant bargaining power and the evidence of a fair negotiation process. The Commission concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees. The application was subsequently approved.

The Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2014, finding it to be a genuine agreement that included all necessary minimum terms. The Commission's decision was based on the evidence of fair negotiation and the applicant's compliance with the statutory requirements. The approval was granted, allowing the agreement to come into effect.

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