Iplex Pipelines Australia Pty Ltd

[2021] FWCA 1852

[2021] FWCA 1852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd
(AG2021/4127)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020-BOHLE DISTRIBUTION

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 APRIL 2021

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2020-Bohle Distribution.

[1] Iplex Pipelines Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2020-Bohle Distribution (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] Iplex Pipelines Australia Pty Ltd sought to correct an error in the original application, by filing an amended signature page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The steps taken to notify the relevant employees of the time, place and method of the vote were not strictly compliant with the requirements of s.174 as the specific time of the day on which the vote was to occur was not notified. Notwithstanding this non-compliance, one hundred percent of the relevant employees cast a vote. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by this error.

[5] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[6] Noting clause 1.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[7] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[9] The Agreement was approved on 9 April 2021 and, in accordance with s.54, will operate from 16 April 2021. The nominal expiry date of the Agreement is 19 April 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318.

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