Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

[2021] FWCA 1052

[2021] FWCA 1052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 225 - Application for termination of an enterprise agreement after its nominal expiry date

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2021/263)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017 - ELIZABETH DISTRIBUTION

Manufacturing and associated industries
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 26 FEBRUARY 2021

Application for termination of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Elizabeth Distribution

[1] On 9 February 2021 Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines (Iplex Pipelines) applied to the Commission to terminate the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2017 - Elizabeth Distribution (the Agreement) under section 225 of the Fair Work Act 2009 (the FW Act).

[2] I issued Directions on 10 February 2021. These Directions required Iplex Pipelines to make the documents lodged as part of this application available to employees with an interest in the application for inspection, such as by electronic means or on a relevant noticeboard accessible to all employees. Iplex Pipelines was instructed to provide confirmation that this has occurred, or that there are no employees with an interest in the Directions.

[3] On 25 February 2021 Iplex Pipelines confirmed that there are no employees covered by the Agreement.

[4] The Directions also instructed Iplex Pipelines to serve the application on each employee organisation covered by the Agreement and provide confirmation that this has occurred.

[5] The United Workers Union (UWU) 1 is covered by the Agreement. The application was copied to the UWU when it was lodged in the Commission.

[6] My Directions required in the event that an affected employee or the UWU sought to oppose the application, or otherwise be heard on it, that advice must have been provided to the Commission and Iplex Pipelines by close of business on Wednesday 24 February 2021.

[7] No correspondence was received from anyone purporting to be an affected employee. No correspondence was received from the UWU concerning this application.

[8] Iplex Pipelines is entitled to apply for the termination of the Agreement pursuant to section 225 of the FW Act.

[9] Section 226 of the FW Act provides as follows:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[10] The Agreement is a single enterprise agreement. It was approved by the Commission on 10 October 2017. 2 It has operated since 17 October 2017 with a nominal expiry date of 30 June 2020. It has now passed its nominal expiry date.

[11] In late July 2020 a business restructure took place at the site covered by the Agreement. The site was downsized following this restructure and employees were either employed under a different enterprise agreement 3 or terminated by way of redundancy. The Applicant’s evidence is that there are no employees currently covered by the Agreement and the Applicant has no intention of engaging new employees under the Agreement in the foreseeable future.

[12] Iplex Pipelines submit that termination of the agreement is not contrary to the public interest because no employees are currently covered by the Agreement.

[13] I have considered the information provided in the application pursuant to section 225 of the FW Act. This includes the Statutory Declaration of Rachelle Holt (Human Resources Business Partner) dated 9 February 2021. I also take into account there is no opposition to the application voiced by any purported affected employees or the UWU.

[14] I am satisfied as to each of the matters contained in section 226 of the FW Act. It is appropriate to terminate the Agreement given the circumstances. Accordingly, the Agreement is terminated.

[15] The termination will come into effect from 11.59pm 26 February 2021. An Order to this effect will be issued in conjunction with this Decision. 4

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE425679  PR727314>

 1   Formerly the National Union of Workers.

 2   [2017] FWCA 5235.

 3   Iplex Pipelines Pty Limited Enterprise Agreement 2018 – Elizabeth Manufacturing

 4   PR727315