DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2021/6610)

IPLEX PIPELINES PTY LTD DIRECT TO SITE (DTS) OPERATIONS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 AUGUST 2021

Application for approval of the Iplex Pipelines Pty Ltd Direct To Site (DTS) Operations Enterprise Agreement 2021.

[1] Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines (the Employer) has made an application for approval of an enterprise agreement known as the Iplex Pipelines Pty Ltd Direct To Site (DTS) Operations Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 20 August 2021 and, in accordance with s 54, will operate from 27 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, sought approval of their Direct To Site (DTS) Operations Enterprise Agreement 2021 from the Fair Work Commission. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on various grounds, including concerns about the agreement's coverage and implications for employee entitlements and conditions. The matter was heard by the Fair Work Commission, which had to determine whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The key legal issues the Commission considered were whether the agreement covered the appropriate scope of employees, if it contained all the required terms and conditions, and whether it met the "better off overall test" (BOOT) to ensure that employees would not be worse off under the new agreement. Additionally, the Commission needed to assess whether the agreement provided for genuine bargaining and if it complied with the relevant provisions of the Fair Work Act.

In its decision, the Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the proposed agreement. The Commission found that the agreement had been genuinely bargained for, as it was the product of negotiations between the applicants and the union, covering all relevant employees within the DTS operations. The Commission also concluded that the agreement provided for all the mandated terms and conditions and satisfied the BOOT by ensuring employees were not worse off. As a result, the Commission approved the application, finding that the agreement met all the legal requirements.

The Fair Work Commission granted approval of the Iplex Pipelines Pty Ltd Direct To Site (DTS) Operations Enterprise Agreement 2021, effective from the date of the decision. The Commission's approval ensures that the agreement is legally binding and can be implemented, providing a framework for the terms and conditions of employment for the relevant employees.

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