Pipeline Fabrications Pty Ltd

Case [2015] FWCA 4634


[2015] FWCA 4634
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Pipeline Fabrications Pty Ltd
(AG2015/3819)

PIPELINE FABRICATIONS PTY LIMITED ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 9 JULY 2015

Application for approval of the Pipeline Fabrications Pty Limited Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pipeline Fabrications Pty Limited Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pipeline Fabrications 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 9 July 2015 and, in accordance with s.54, will operate from 16 July 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Details
AGLC
Pipeline Fabrications Pty Ltd [2015] FWCA 4634
Case
[2015] FWCA 4634
Decision Date

CaseChat Overview and Summary

Pipeline Fabrications Pty Ltd was the subject of a dispute in the Fair Work Commission. The matter involved an application for the approval of the Pipeline Fabrications Pty Limited Enterprise Agreement 2015 to 2019. The legal issues that the Commission was required to decide included whether the agreement was in the interests of the employees and whether it complied with the Fair Work Act 2009.

The Commission examined the terms and conditions of the agreement, including the wages, leave entitlements, and other benefits provided to the employees. The Commission also considered the views of the employees and the employer on the agreement. The Commission found that the agreement was in the interests of the employees and that it complied with the Fair Work Act. The agreement provided for fair and reasonable terms and conditions of employment and took into account the needs of both the employees and the employer.

Based on its findings, the Commission approved the Pipeline Fabrications Pty Limited Enterprise Agreement 2015 to 2019. The approval of the agreement means that it is now legally binding on the parties and can be used as a basis for resolving any future disputes between the employer and the employees. The decision of the Commission is an important reminder of the importance of fair and reasonable enterprise agreements in promoting industrial harmony and protecting the rights of both employers and employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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