Iplex Pipelines Australia Pty Ltd

[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

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).

The Agreement is a single enterprise agreement.

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.

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.

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 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.

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

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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Iplex Pipelines Australia Pty Ltd sought approval for the Iplex Pipelines Pty Ltd Direct To Site (DTS) Operations Enterprise Agreement 2024. The applicant, a company involved in the construction industry, aimed to have the proposed enterprise agreement recognised and approved by the Commission. The application was brought under the Fair Work Act 2009, which governs the regulation of enterprise agreements in Australia.

The primary legal issue the Commission had to address was whether the proposed agreement met the requirements set out in the Fair Work Act for being considered a "single interest" enterprise agreement. The Commission also needed to consider whether the agreement was fair and reasonable, taking into account various factors such as the nature of the industry, the bargaining power of the parties, and the overall impact on employees.

The Commission examined the submissions and evidence provided by both parties and found that the proposed agreement did indeed meet the criteria for being a "single interest" enterprise agreement. The Commission noted that the agreement covered employees who were directly employed by Iplex Pipelines Australia Pty Ltd and those who were employed by subcontractors. The Commission also found that the agreement was fair and reasonable, considering the specific circumstances of the industry and the bargaining power of the parties. The Commission concluded that the agreement was in the best interests of the employees and approved the application.

As a result of the Commission's decision, the Iplex Pipelines Pty Ltd Direct To Site (DTS) Operations Enterprise Agreement 2024 was approved and will now be applicable to the employees covered by the agreement. The final orders included the approval of the agreement and the registration of the agreement with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established