DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kimberley Pipelines Pty Ltd
(AG2015/3689)

KIMBERLEY PIPELINES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 JULY 2015

Application for approval of the Kimberley Pipelines Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kimberley Pipelines Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kimberley Pipelines Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 2 July 2015 and, in accordance with s.54, will operate from 9 July 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kimberley Pipelines Pty Ltd, the employer, sought approval of a proposed enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made to the Fair Work Commission, which oversees the approval of enterprise agreements in Australia. The proposed agreement, the Kimberley Pipelines Pty Ltd Enterprise Agreement 2015, aimed to regulate employment terms and conditions for the employees. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion. The Commission had to determine whether the agreement met the statutory criteria for approval, including whether it provided for a fair and efficient workplace, and whether the process of making the agreement was free from any undue influence or coercion.

The Commission examined the process by which the agreement was made, including the participation of the union and the employer in negotiations. It considered whether the agreement provided for adequate consultation and whether the process allowed for genuine bargaining. The Commission also assessed whether the agreement met the requirements for a "simple" agreement, which would exempt it from certain procedural requirements. In reaching its decision, the Commission took into account the nature of the industry, the bargaining power of the parties, and the specific terms of the agreement. Ultimately, the Commission was satisfied that the agreement was made in good faith and without coercion, and that it met the requirements of the Fair Work Act. The agreement was approved, providing a framework for the employment terms and conditions of the employees covered by the agreement.

Kimberley Pipelines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established