DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2016/4602)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016 – STRATHPINE DISTRIBUTION

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COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Strathpine Distribution (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 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 August 2016 and, in accordance with s.54, will operate from 5 September 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Iplex Pipelines Australia Pty Ltd trading as Iplex Pipelines, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, titled the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Strathpine Distribution, was to cover employees who were part of the Strathpine Distribution workforce. The primary dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the court encompassed several key areas. Firstly, whether the agreement was genuinely a product of bargaining between the parties. Secondly, whether the agreement included all mandatory terms required by the Fair Work Act, such as minimum rates of pay, maximum hours of work, and provisions for penalty rates and allowances. Thirdly, the court had to consider whether the agreement complied with the "better off overall test" to ensure that employees would not be worse off financially under the new terms.

In addressing these issues, the court examined the evidence presented, including the negotiation process and the content of the agreement. The court found that the agreement was genuinely the product of genuine bargaining between the parties, as evidenced by the negotiation records and the presence of independent witnesses. Regarding the mandatory terms, the court determined that the agreement included all necessary provisions, including those for pay, hours of work, and penalty rates. Finally, the court concluded that employees would be better off overall under the new agreement, as it provided for fair compensation and improved working conditions. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Strathpine Distribution be approved. This approval is effective from the date of the decision and will apply to all employees covered by the agreement. The decision ensures that the terms of the agreement will be binding on both the employer and the employees for the specified period.

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