Pipe Management Australia Pty Limited T/A Pipe Management Australia Summary

[2022] FWCA 804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipe Management Australia Pty Limited T/A Pipe Management Australia

(AG2022/328)

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

Waste management industry
COMMISSIONER HUNT	BRISBANE, 7 MARCH 2022

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

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

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. Two employee bargaining representatives wrote to my Chambers in support of the undertakings provided. Another employee bargaining representative spoke with my Associate and was invited to provide any views in relation to the application by 2 March 2022, or to seek a further period of time to provide views. No correspondence was received from that employee bargaining representative.

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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s 205(2) of the Act, the model consultation term prescribed by Schedule 2.3 to the Fair Work Regulations 2009 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2022. The nominal expiry date of the Agreement is 7 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Pipe Management Australia Pty Limited, trading as Pipe Management Australia, and its employees. The dispute centred on the application for approval of the Pipe Management Australia Pty Limited Enterprise Agreement (QLD) 2022-2025. The matter was heard and determined by the Fair Work Commission, an Australian federal statutory authority with jurisdiction over workplace relations and industrial matters.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009, including provisions for minimum entitlements, procedural fairness, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and adequately protected the interests of the employees.

In reaching its decision, the Commission carefully examined the terms of the enterprise agreement and the process through which it was negotiated. The Commission found that the agreement did comply with the legislative requirements, noting that it provided for the minimum entitlements as stipulated in the Fair Work Act, included fair and transparent procedures for any variations to the agreement, and did not evidence any coercion or unfair labour practices in its creation. The Commission was also satisfied that the agreement contained effective dispute resolution mechanisms and appropriately safeguarded the employees' interests.

The Fair Work Commission approved the Pipe Management Australia Pty Limited Enterprise Agreement (QLD) 2022-2025, determining that it met the necessary legal standards and was fit for purpose. The approval was contingent upon the agreement being implemented in accordance with the terms set out, and the parties being reminded of their obligations under the Fair Work Act.

Pipe Management Australia Pty Limited T/A Pipe Management Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established