DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2016/5302)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016 - ALBURY

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Albury (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 by the Australian Industrial Relations Commission. The applicant, Iplex Pipelines Australia Pty Ltd, sought the commission's approval of the agreement, which was intended to govern the employment conditions of its employees. The application was brought in response to the Fair Work Commission's decision to refer the agreement for approval due to certain provisions that required special consideration.

The primary legal issue before the commission was whether the provisions of the enterprise agreement complied with the relevant industrial legislation, specifically the Fair Work Act 2009. The commission needed to examine whether the agreement met the requirements for approval, including whether it provided for the fair and efficient resolution of workplace issues, whether it was free from any improper influence or interference, and whether it provided for a safety net of minimum entitlements for employees.

The commission assessed the enterprise agreement in light of the statutory criteria. It considered the provisions for dispute resolution, which included a multi-step process involving conciliation and, if necessary, arbitration. The commission found that the dispute resolution provisions were fair and efficient, ensuring that employees had an accessible and effective means to resolve workplace issues. Regarding the potential for improper influence or interference, the commission found no evidence to suggest any undue pressure or influence in the formation of the agreement. Lastly, the commission determined that the agreement provided for a safety net of minimum entitlements, in line with the legislative requirements. Consequently, the commission approved the enterprise agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009.

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