DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2018/6644)

IPLEX PIPELINES PTY LIMITED ENTERPRISE AGREEMENT 2018 - ELIZABETH MANUFACTURING

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 APRIL 2019

Application for approval of the Iplex Pipelines Pty Limited Enterprise Agreement 2018 -Elizabeth Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Pty Limited Enterprise Agreement 2018 – Elizabeth Manufacturing (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 April 2019.

[3] The Applicant has submitted an undertaking in the required form dated 15 April 2019. The undertaking provides a National Employment Standards (NES) precedence clause and that casual employees will be engaged for a minimum of four consecutive hours’ work.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)” and “National Union of Workers (NUW)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, and its employees represented by the United Voice union. The dispute was over the approval of the Iplex Pipelines Pty Limited Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union and the company had reached an agreement, but the union sought approval from the Commission to ensure compliance with the Act.

The central legal issues the Commission had to address were whether the agreement was genuinely negotiated, whether it met the requirements of the Fair Work Act, and if it provided adequate protections for the employees. The Commission had to consider whether the agreement was made in good faith, if it contained minimum terms and conditions, and if it was fair and reasonable. Additionally, the Commission needed to determine if the agreement was appropriately certified by an accredited independent certifier.

In delivering the decision, the Commission found that the agreement was genuinely negotiated and met all the statutory requirements. The Commission noted that the agreement contained all the mandated minimum terms and conditions, and it provided for fair and reasonable terms for the employees. The Commission also confirmed that the agreement had been appropriately certified. Consequently, the Commission approved the Iplex Pipelines Pty Limited Enterprise Agreement 2018, deeming it to be a lawful and fair agreement.

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established