Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

[2017] FWCA 4098

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

(AG2017/1988)

Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016-Strathpine Manufacturing

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 7 AUGUST 2017

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016-Strathpine Manufacturing.

An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016-Strathpine 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 7 August 2017 and, in accordance with s.54, will operate from 14 August 2017. The nominal expiry date of the Agreement is 14 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Iplex Pipelines Australia Pty Ltd trading as Iplex Pipelines, which applied to the Fair Work Commission for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016-Strathpine Manufacturing. The Commission was required to determine whether the agreement met the legal criteria for approval, including whether it provided for the terms and conditions of employment of the employees covered by the agreement, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement. The Commission also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that an enterprise agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net award. The Commission had to consider whether the agreement provided for a safety net of minimum terms and conditions of employment that were not less favourable than the applicable award, and whether it complied with the other legal requirements for approval.

The Commission found that the agreement provided for the terms and conditions of employment of the employees covered by the agreement and that it complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for a safety net of minimum terms and conditions of employment that were not less favourable than the applicable award, and that it complied with the other legal requirements for approval. The Commission also found that the agreement provided for a range of terms and conditions that were not less favourable than the applicable award, and that it met the other criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016-Strathpine Manufacturing, finding that it met the legal requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a safety net of minimum terms and conditions of employment that were not less favourable than the applicable award, and that it complied with the other criteria for approval. The Commission also found that the agreement provided for a range of terms and conditions that were not less favourable than the applicable award, and that it was in the best interests of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established