DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pipecon Pty Ltd
(AG2015/5855)

THE PIPECON PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of The Pipecon Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Pipecon 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 Pipecon Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipecon Pty Ltd sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Deputy President R J Macfarlan presiding. The dispute centred around whether the agreement met the criteria for approval as set out in the Act, particularly the requirement that the agreement does not adversely affect the financial viability of the employer. The company argued that the agreement was necessary to ensure industrial peace and to avoid industrial action. The primary issue before the court was whether the proposed agreement would adversely affect the financial viability of Pipecon Pty Ltd.

The court examined the financial projections and operational details provided by Pipecon Pty Ltd to assess the potential impact of the agreement on the company's financial health. The court considered the company's current financial status, the projected costs of the agreement, and the overall market conditions. Deputy President Macfarlan concluded that the agreement would not adversely affect the financial viability of Pipecon Pty Ltd, noting the company's robust financial position and the reasonable terms of the proposed agreement. The court also noted the potential benefits of industrial peace and the avoidance of industrial action in reaching its decision.

Having considered the evidence and arguments presented, Deputy President Macfarlan approved the proposed enterprise agreement, finding that it met the criteria for approval under the Act. The decision was based on the conclusion that the agreement would not have an adverse effect on the financial viability of Pipecon Pty Ltd and would provide for a fair and reasonable resolution of the industrial dispute. The final orders included the approval of the Pipecon Pty Ltd Enterprise Agreement 2015, subject to the terms and conditions outlined in the agreement.

Pipecon 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