DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2016/4898)

IPLEX PIPELINES PTY LIMITED ENTERPRISE AGREEMENT 2016 - ELIZABETH MANUFACTURING

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Iplex Pipelines Pty Limited Enterprise Agreement 2016 - Elizabeth Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Pty Limited Enterprise Agreement 2016 - Elizabeth 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.

[2] 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, sought approval of the Iplex Pipelines Pty Limited Enterprise Agreement 2016 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, and the decision was delivered by Deputy President Ryan. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees covered by the agreement.

The court needed to determine if the enterprise agreement was a "better off overall test" (BOOT) agreement, meaning that the overall benefits to employees must outweigh any detriments. Additionally, the court had to consider whether the agreement complied with the provisions of the Fair Work Act, including whether it provided for a fair and reasonable safety net for employees. The court also had to assess whether the agreement adequately protected the rights of employees and provided for appropriate dispute resolution mechanisms.

In delivering the decision, Deputy President Ryan found that the agreement met the BOOT requirement and was in the best interests of the employees. The court was satisfied that the agreement provided for a fair and reasonable safety net and adequately protected the rights of employees. The court also found that the agreement provided for appropriate dispute resolution mechanisms and complied with the provisions of the Fair Work Act. The court approved the application for the agreement to be registered.

The Fair Work Commission approved the application for registration of the Iplex Pipelines Pty Limited Enterprise Agreement 2016. The agreement was registered as a BOOT agreement, meaning that the overall benefits to employees outweighed any detriments. The court was satisfied that the agreement provided for a fair and reasonable safety net, protected the rights of employees, and complied with the provisions of the Fair Work Act. The agreement was registered, and the dispute was resolved in favour of Iplex Pipelines Australia Pty Ltd.

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