DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2017/3225)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017 - ELIZABETH DISTRIBUTION

Storage services
COMMISSIONER JOHNS	SYDNEY, 10 OCTOBER 2017

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Elizabeth Distribution.

[1] On 1 August 2017, Iplex Pipelines Australia Pty Ltd (Applicant) made an application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Elizabeth Distribution (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The National Union of Workers, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, and the relevant unions. The dispute centres on the application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Elizabeth Distribution. The decision was rendered by the Fair Work Commission, reflecting its role in overseeing the approval of enterprise agreements in Australia.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement met the requirements for good faith bargaining, and if it provided appropriate protections for employees. Additionally, the Commission had to consider whether the agreement facilitated fair and efficient workplace practices without unduly disadvantaging any party.

The Commission found that the enterprise agreement was made in good faith and was fair and reasonable in all its terms. It determined that the agreement provided adequate protections for the employees and was consistent with the broader objectives of the Fair Work Act. The Commission also noted the collaborative process between Iplex Pipelines and the unions, which demonstrated a genuine effort to reach a fair agreement. Consequently, the application for approval was granted.

The Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Elizabeth Distribution, effective from the date of the decision. The Commission's approval confirmed the agreement as a legitimate and fair arrangement between the employer and the employees, reflecting the principles of fair work legislation.

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