Iplex Pipelines Australia Pty Ltd

Case •

[2024] FWCA 3329

•

20 SEPTEMBER 2024
[2024] FWCA 3329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd

(AG2024/3193)

IPLEX PIPELINES PTY LTD DIRECT TO SITE (DTS) OPERATIONS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER TRAN

MELBOURNE, 20 SEPTEMBER 2024

Application for approval of the Iplex Pipelines Pty Ltd Direct To Site (DTS) Operations Enterprise Agreement 2024

  1. Iplex Pipelines Australia Pty Ltd has applied for approval of an enterprise agreement known as Iplex Pipelines Pty Ltd Direct To Site (DTS) Operations Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

  1. The Agreement is a single enterprise agreement.

  1. It appears that the Employer issued an earlier version of the Notice and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I have previously detailed the differences between the pre-6 June 2023 and post-6 June 2023 Notice in Application by AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting [2023] FWC 3343 at [34]. I consider the use of the earlier Notice is a minor technical error.

  1. 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. The undertakings are taken to be a term of the Agreement.

  1. 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.

  1. The United 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.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 September 2024.

  1. In accordance with Clause 5.1, the nominal expiry date of the Agreement is 30 June 2027.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526135  PR779471>

Annexure A

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AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting [2023] FWC 3343