Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines Summary

[2021] FWCA 7081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines
(AG2021/8726)

IPLEX PIPELINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2021 - CHIPPING NORTON MANUFACTURING

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 DECEMBER 2021

Application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2021 - Chipping Norton Manufacturing

[1] An application has been made for approval of an enterprise agreement to be known as the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2021 - Chipping Norton Manufacturing (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines (Employer). The Agreement is a single enterprise agreement.

[2] The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 28 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2021, the Fair Work Commission heard arguments from the employer, Iplex Pipelines Australia Pty Ltd, trading as Iplex Pipelines, and the union, the Electrical Trades Union of Australia. The dispute centred on the terms and conditions of employment for workers covered by the agreement, with specific focus on the union's objections to certain provisions.

The primary legal issue for the Commission was whether the enterprise agreement complied with the relevant legislative requirements, particularly whether it met the ‘better off overall test’ as outlined in the Fair Work Act 2009. The union argued that some provisions did not sufficiently enhance the employees' terms and conditions, thereby failing the better off overall test. Conversely, the employer contended that the agreement provided fair and reasonable terms, ensuring compliance with all necessary legislative provisions.

After carefully considering the arguments presented, the Commission determined that the enterprise agreement largely met the statutory requirements. The Commission found that while some provisions might not provide significant benefits to all employees, the overall package of terms and conditions was fair and reasonable. Consequently, the Commission approved the enterprise agreement, subject to minor modifications to address specific concerns raised by the union.

The Fair Work Commission ordered the approval of the Iplex Pipelines Australia Pty Ltd Enterprise Agreement 2021, effective from the date of the decision. The modifications to the agreement, as required by the Commission, were specified in the decision document. This ruling ensures that the agreement remains compliant with the Fair Work Act 2009 and addresses the union's concerns to the satisfaction of the Commission.

Iplex Pipelines Australia Pty Ltd T/A Iplex Pipelines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established