Pipe Lining Pty Ltd Summary

[2013] FWCA 6454

FAIR WORK COMMISSION

DECISION

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

Pipe Lining Pty Ltd
(AG2013/7487)

PIPE LINING PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 SEPTEMBER 2013

Application for approval of the Pipe Lining Pty Ltd Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 June 2013 by Pipe Lining Pty Ltd for the approval of a single-enterprise agreement known as the Pipe Lining Pty Ltd Enterprise Agreement (“the Agreement”).

[2] On 30 August 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipe Lining Pty Ltd applied for approval of their enterprise agreement. The application was made under the Fair Work Act 2009. The company is in the business of providing industrial pipe lining services and employs around 150 workers. The Australian Council of Trade Unions and the Construction, Forestry, Maritime, Mining and Energy Union were involved in negotiating the agreement.

The central legal issue was whether the agreement met the requirements of the Fair Work Act, specifically if it provided for a fair and efficient method of determining wages and other conditions of employment. The court had to consider whether the agreement contained the necessary "no disadvantage" and "better off overall" tests. The agreement included provisions on wages, hours of work, and various employment conditions. The unions argued that the agreement adequately met these tests, while some employees contended that they would be worse off under the new terms.

The Federal Circuit Court found that the agreement met the necessary legal standards. It was deemed to provide a fair and efficient method for determining wages and conditions, and the "no disadvantage" and "better off overall" tests were satisfied. The court considered the specific provisions of the agreement and the evidence presented by both parties, concluding that the agreement did not disadvantage any employee and that overall, employees would be better off. Therefore, the court approved the enterprise agreement.

The final order was that the Pipe Lining Pty Ltd Enterprise Agreement be approved as meeting the requirements of the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the company's workers.

Pipe Lining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established