Iplex Pipelines Australia Pty Ltd

[2022] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd

(AG2022/1784)

Iplex Pipelines Australia Pty Ltd UWU Enterprise Agreement 2021 - Reservoir and Craigieburn Distribution

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JUNE 2022

Application for approval of the Iplex Pipelines Australia Pty Ltd UWU Enterprise Agreement 2021 - Reservoir and Craigieburn Distribution

An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd UWU Enterprise Agreement 2021 - Reservoir and Craigieburn Distribution (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 3 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Ltd applied to the Fair Work Commission for approval of the Iplex Pipelines Australia Pty Ltd UWU Enterprise Agreement 2021 - Reservoir and Craigieburn Distribution. The respondents, the United Workers Union and the Australian Manufacturing Workers' Union, opposed the application. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009. The legal issues included whether the agreement provided for genuine bargaining, was made in good faith, and whether it satisfied the "better off overall test" for employees.

The Fair Work Commission considered whether the agreement was made following genuine bargaining. The Commission found that Iplex Pipelines Australia Pty Ltd and the unions had engaged in good faith negotiations, and the agreement reflected the outcomes of those negotiations. The Commission also found that the agreement satisfied the "better off overall test" for employees, meaning that on balance, the employees would be no worse off and potentially better off under the new agreement. The Commission took into account factors such as wage increases, additional leave provisions, and improvements to the overall working conditions.

Consequently, the Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd UWU Enterprise Agreement 2021 - Reservoir and Craigieburn Distribution. The Commission determined that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The decision confirmed the agreement's validity and enforceability, allowing it to be implemented as a binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established