DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2016/3815)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016 - RESERVOIR MANUFACTURING

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Reservoir 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 the organisations.

[5] The Agreement was approved on 10 August 2016 and, in accordance with s.54, will operate from 17 August 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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 - Reservoir Manufacturing. The dispute arose as Iplex sought to formalise employment terms for its employees, particularly those involved in reservoir manufacturing. The Fair Work Commission was tasked with ensuring the agreement complied with relevant labour laws and represented a fair and reasonable set of terms for the employees.

The central legal issues before the Commission were whether the agreement met the statutory requirements set out in the Fair Work Act 2009 and if the agreement was fair and reasonable in all its aspects. This included examining the processes by which the agreement was formed, the specific terms contained within it, and whether these terms provided adequate protections and benefits to the employees. Additionally, the Commission had to consider whether the agreement met the criteria for being a "single interest" enterprise agreement, which is necessary for it to be approved.

The Fair Work Commission reviewed the application and found that the agreement was properly negotiated and met all statutory requirements for approval. The Commission determined that the agreement was fair and reasonable, taking into account the economic and non-economic benefits provided to the employees. It was noted that the agreement provided for appropriate minimum wages, leave entitlements, and other benefits, and that the process of negotiation was fair and did not involve any undue influence or coercion. Consequently, the Commission approved the agreement as compliant with the relevant legislative provisions.

In approving the agreement, the Fair Work Commission issued a formal order recognising the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2016 - Reservoir Manufacturing as a lawful and binding enterprise agreement under the Fair Work Act. The decision confirmed that the agreement would govern the employment terms of the relevant employees, subject to the ongoing obligations and protections provided by the Act. This decision ensured that the agreement would provide a stable and fair framework for the employer and employees to operate within.

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