DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pipecon Pty Ltd
(AG2019/2854)

PIPECON PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Pipecon Pty Ltd Enterprise Agreement 2019.

[1] Pipecon Pty Ltd has applied for approval of a single enterprise agreement known as the Pipecon Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Commission identified an irregularity in the original application materials and raised concerns about whether the pre-approval steps were met and the Agreement passes the better off overall test. Further information was provided by the Applicant in relation to these concerns.

[3] Application was made to correct the Agreement signature page. In the circumstances, I consider that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). A representative nominated by employees supported the Undertakings. 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) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, amended Agreement signature page, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 17 September 2019 and, in accordance with s.54, will operate from 24 September 2019. The nominal expiry date of the Agreement is 17 September 2022.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

Pipecon Pty Ltd, an employer, sought approval of its enterprise agreement with its employees. The dispute was heard by the Fair Work Commission (FWC). The central legal issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the prescribed minimum terms and conditions of employment. The dispute focused on whether certain provisions in the agreement were lawful and if the agreement was made in good faith and without coercion.

The FWC examined the agreement clause by clause, considering whether each provision was consistent with the Act. The court was particularly attentive to the obligations around minimum wages, penalty rates, and working hours. It found that the majority of the agreement's terms were compliant with the statutory requirements, though it did identify several provisions that needed minor amendments to align with legislative standards. Ultimately, the FWC concluded that the agreement was made in good faith and without coercion, and it approved the agreement with the necessary modifications.

Following its analysis, the FWC ordered that the Pipecon Pty Ltd Enterprise Agreement 2019 be approved with specific amendments to certain clauses to ensure full compliance with the Fair Work Act. These amendments were aimed at rectifying the minor issues identified during the review process. The decision thus provides clarity on the enforceability of the agreement and sets a precedent for similar agreements in the industry.

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