Pipe Management Australia Pty Limited T/A Pipe Management Australia

[2022] FWCA 329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipe Management Australia Pty Limited T/A Pipe Management Australia

(AG2021/9336)

PIPE MANAGEMENT AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT (vic) 2022-2025

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 FEBRUARY 2022

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

An application has been made for approval of an enterprise agreement known as the Pipe Management Australia Pty Limited Enterprise Agreement (VIC) 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pipe Management Australia Pty Limited T/A Pipe Management Australia. The Agreement is a single enterprise agreement.

The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement was approved on 3 February 2022 and, in accordance with s.54, will operate from 10 February 2022. The nominal expiry date of the Agreement is 2 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pipe Management Australia Pty Limited, trading as Pipe Management Australia, sought the court's approval of their enterprise agreement for the period 2022-2025. The application was brought before the Fair Work Commission, with the union representing the employees contesting the approval. The primary dispute centred around the terms and conditions outlined in the proposed agreement, particularly regarding wages, hours of work, and dispute resolution mechanisms.

The legal issues that the court had to resolve included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it complied with the statutory requirements under the Fair Work Act 2009, and if it was genuinely bargained between the employer and the union. Furthermore, the court had to determine whether the proposed agreement was in the best interest of the employees, considering their rights and protections under the Act.

The Fair Work Commission found that the agreement was fair and reasonable in all its terms and conditions. It determined that the agreement complied with all statutory requirements and was genuinely bargained between the parties. The court also found that the agreement was in the best interest of the employees, considering their rights and protections under the Act. Consequently, the court approved the Pipe Management Australia Pty Limited Enterprise Agreement (VIC) 2022-2025.

The final orders of the court were that the enterprise agreement be approved, and it was to be registered with the Fair Work Commission. This decision ensures that the terms and conditions of employment are governed by the agreed-upon provisions, providing certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established