DECISION

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

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2019/1316)

IPLEX PIPELINES AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT 2018 - STRATHPINE MANUFACTURING

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 20 MAY 2019

Application for approval of the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2018 - Strathpine Manufacturing.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2018 - Strathpine 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 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as The Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 14 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, sought approval for the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2018 - Strathpine Manufacturing. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the requirements under the Fair Work Act 2009. The dispute centred on whether the agreement adequately covered essential terms and conditions, including wages, hours of work, and other employment standards, and whether it was negotiated in good faith and covered all employees within the specified scope.

The legal issues before the Commission involved scrutinising whether the agreement complied with the Fair Work Act 2009, particularly sections concerning the mandatory provisions that must be included in any enterprise agreement. This included assessing if the agreement contained the required minimum terms and conditions, and whether it was free from any illegal or unenforceable content. The Commission also had to consider whether the agreement was made in good faith, as required by the Act, and whether it appropriately represented the interests of all employees within the specified bargaining unit.

In evaluating the agreement, the Fair Work Commission noted that the document comprehensively addressed the mandatory terms and conditions outlined in the Act. It was found that the agreement contained all necessary provisions, including minimum wages, leave entitlements, and other employment standards. The Commission was satisfied that the agreement had been negotiated in good faith and that it covered all employees within the specified scope. Consequently, the Commission approved the application for the enterprise agreement, determining it met the legal standards and requirements set out in the Fair Work Act 2009.

The Fair Work Commission approved the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2018 - Strathpine Manufacturing, affirming that it met all legislative requirements and was negotiated in good faith. The decision was based on the comprehensive coverage of mandatory terms and conditions and the appropriate representation of employees within the bargaining unit. This approval ensures that the agreement will govern the employment terms for the specified employees moving forward.

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