DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2019/864)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018 - OSBORNE PARK DISTRIBUTION

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 APRIL 2019

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018 - Osborne Park Distribution.

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

[2] 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.

[3] United Voice 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 20 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, and the Electrical Trades Union of Australia. The dispute was brought before the Fair Work Commission (FWC) in relation to the approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2018, specifically concerning the Osborne Park Distribution. The FWC was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009, including whether it facilitated a productive workplace relationship and provided for the efficient determination of workplace terms and conditions.

The legal issues before the FWC included whether the enterprise agreement complied with the good faith bargaining requirement and whether it adequately provided for the efficient establishment and adjustment of wages and other terms and conditions of employment. Additionally, the FWC needed to consider whether the agreement met the criteria for approval under the Fair Work Act, including ensuring the agreement facilitated a productive workplace relationship.

The FWC found that the agreement was made in good faith, as both parties engaged in genuine bargaining and were willing to compromise. The FWC also noted that the agreement provided for the efficient determination of wages and conditions, and it facilitated a productive workplace relationship by establishing clear procedures for resolving disputes and making changes to the agreement. The FWC concluded that the agreement met all necessary criteria and approved it.

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