Iplex Pipelines Australia Pty Ltd

[2022] FWCA 4533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd

(AG2022/5102)

Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2022 – Chipping Norton Distribution

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 DECEMBER 2022

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2022 - Chipping Norton Distribution

An application has been made for approval of an enterprise agreement to be known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2022 - Chipping Norton Distribution (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Iplex Pipelines Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 16 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 29 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Iplex Pipelines Australia Pty Ltd applied for approval of a new enterprise agreement, the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2022. The agreement was intended to apply to employees within the Chipping Norton Distribution. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the mandatory terms set out in section 234 of the Act. This included assessing if the agreement contained provisions for minimum rates of pay, leave entitlements, maximum weekly hours of work, and other mandated terms. The Commission also needed to ensure that the agreement had been made in accordance with the procedural requirements of the Act, including whether proper consultation had occurred and if employees had been adequately informed about the agreement.

The Commission found that the agreement provided for the mandatory terms required by the Act and that the agreement had been made in accordance with the necessary procedural requirements. The agreement included provisions for minimum rates of pay, leave entitlements, maximum weekly hours, and other mandatory terms. The Commission also determined that the necessary consultation had taken place and that employees had been given adequate information about the agreement. Based on these findings, the Commission approved the enterprise agreement.

The Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2022, effective from 1 July 2022. The agreement will apply to employees within the Chipping Norton Distribution and will remain in force until 30 June 2026, unless terminated earlier in accordance with the agreement's provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established