Pipe Management Australia Pty Limited T/A Pipe Management Australia

[2022] FWCA 481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipe Management Australia Pty Limited T/A Pipe Management Australia

(AG2021/9382)

Pipe Management Australia Pty Limited Enterprise Agreement (NSW) 2022-2025

Waste management industry
COMMISSIONER P RYAN	SYDNEY, 11 FEBRUARY 2022

Application for approval of the Pipe Management Australia Pty Limited Enterprise Agreement (NSW) 2022-2025

Pipe Management Australia Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Pipe Management Australia Pty Limited Enterprise Agreement (NSW) 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Model Consultation Term

The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 11 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipe Management Australia Pty Limited applied to the Fair Work Commission for approval of the Pipe Management Australia Pty Limited Enterprise Agreement (NSW) 2022-2025. The respondent, United Voice, represented the employees. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including the genuine agreement criteria and the "better off overall test" (BOOT). The Commission considered whether the employees had genuinely agreed to the terms of the agreement and whether the agreement provided the employees with a BOOT compared to the applicable award.

The Commission held that the application met the "genuine agreement" requirements as there was evidence of a genuine choice made by the employees, free from coercion or other invalidating factors. Regarding the BOOT, the Commission found that the agreement provided employees with increased pay and other benefits that outweighed any potential disadvantages. The Commission was satisfied that the agreement did not undermine the safety net of entitlements provided by the relevant awards and would incentivise employees to work more hours, leading to better overall outcomes for them.

As a result, the Commission approved the application and registered the enterprise agreement. The decision emphasised the importance of considering the overall impact of the agreement on the employees' financial situation and ensuring that the agreement did not undermine the safety net provided by the applicable awards. The Fair Work Commission's decision provides valuable guidance for employers and employees in negotiating and approving enterprise agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established