DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2021/6882)

IPLEX PIPELINES AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT 2020 – STRATHPINE DISTRIBUTION

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DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2020 – Strathpine Distribution.

[1] Iplex Pipelines Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2020 – Strathpine Distribution (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The United Workers' Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

[5] The Agreement was approved on 8 September 2021 and, in accordance with s 54, will operate from 15 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513041 PR733685>
Annexure A

CaseChat Overview and Summary

The applicant, Iplex Pipelines Australia Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, which was to apply to workers at the Strathpine Distribution, was submitted for approval under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including compliance with the provisions of the Act and the Fair Work (Registered Organisations) Act 2009.

The key legal issues the court had to address were whether the agreement had been made in accordance with the relevant legislative requirements, whether it was genuinely an enterprise agreement, and whether it complied with the provisions of the Fair Work Act. Specifically, the court had to determine if the agreement was made without coercion, contained the correct terms and conditions, and was made by genuine representatives of the employees and employers.

The Fair Work Commission found that the agreement was properly made without any breaches of the legislative requirements. The agreement was genuinely an enterprise agreement, as it was made by the appropriate representatives and without coercion. The terms and conditions within the agreement were also found to be compliant with the Act. Therefore, the court approved the agreement under section 230 of the Fair Work Act.

The Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2020 – Strathpine Distribution, effective from the date of the decision. This decision is now binding on all parties covered by the agreement, and the terms and conditions set out in the agreement will apply to the employees and employers involved.

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