DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2020/710)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019 - BOHLE MANUFACTURING

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 15 APRIL 2020

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Bohle Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019 - Bohle 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 (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2020. The nominal expiry date of the Agreement is 15 April 2024.

COMMISSIONER

Annexure A.

CaseChat Overview and Summary

In the Fair Work Commission, Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, applied for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2019. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the Bohle Manufacturing employees covered by the agreement.

The primary legal issue the Commission was required to decide was whether the enterprise agreement complied with the requirements of the Fair Work Act. This included examining whether the agreement contained all the mandatory terms prescribed by the Act, was free from prohibited content, and was made in good faith and without coercion. The Commission also needed to consider whether the agreement had been appropriately certified by the Australian Building and Construction Commission.

The Fair Work Commission approved the enterprise agreement, finding that it met all the necessary statutory requirements. The agreement was deemed to contain all the mandatory terms, did not include any prohibited content, and had been made in good faith. The Commission accepted the certification provided by the Australian Building and Construction Commission, confirming that the agreement had been made without coercion. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment for the Bohle Manufacturing employees. The Fair Work Commission's decision was to approve the enterprise agreement, which was to be registered under the Fair Work Act 2009.

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established