Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

[2018] FWCA 4027

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

(AG2018/1303)

Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Osborne Park Manufacturing

Manufacturing and associated industries
Justice Ross, President	MELBOURNE, 6 JULY 2018

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Osborne Park Manufacturing.

An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Osborne Park Manufacturing (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.

The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, applied for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017, which covers employees at Osborne Park Manufacturing. The application was made to the Fair Work Commission. The matter centred on whether the enterprise agreement provided for the appropriate minimum entitlements for employees and whether the agreement was fairly made.

The court was required to determine whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provision of minimum entitlements and the process of agreement making. The court had to assess if the agreement met the criteria for approval, including whether it ensured the employees received at least the minimum terms and conditions of the relevant award or registered agreement.

In its decision, the Fair Work Commission found that the enterprise agreement provided for minimum entitlements that were no less favourable than those in the relevant award. The Commission also concluded that the agreement was fairly made, as it was negotiated in good faith and without any coercion or undue influence. Consequently, the application for approval was granted.

The Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017, effective from 1st July 2017. The Commission ordered that the agreement be registered, and it would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established