Pipemakers Australia Pty Ltd Summary

[2022] FWCA 4341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipemakers Australia Pty Ltd

(AG2022/4983)

Pipemakers Australia Pty Ltd Enterprise Agreement 2022 (Deer Park)

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 DECEMBER 2022

Application for approval of the Pipemakers Australia Pty Ltd Enterprise Agreement 2022 (Deer Park)

An application has been made for approval of an enterprise agreement known as the Pipemakers Australia Pty Ltd Enterprise Agreement 2022 (Deer Park) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pipemakers Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

I note that the Notice of Employee Representational Rights provided to the employees included the Employer’s watermark and contact details, and was therefore not in the prescribed form as required by s.174(1A) of the Act. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 9 December 2022 and, in accordance with s.54, will operate from 16 December 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipemakers Australia Pty Ltd sought approval for the Pipemakers Australia Pty Ltd Enterprise Agreement 2022 (Deer Park) under section 232 of the Fair Work Act 2009. The applicant, Pipemakers Australia Pty Ltd, is an employer within the meaning of the Fair Work Act. The respondent, the Pipemakers Australia Employees Union, is a registered organisation within the meaning of the Act. The application for approval was made on 19 May 2022. The dispute was heard by the Fair Work Commission, presided over by Deputy President D.C. O'Callaghan.

The key legal issues the court had to determine were whether the agreement met the requirements of section 233 of the Fair Work Act, and whether the application was made in accordance with the provisions of section 232. The court had to consider whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement, and whether it was consistent with the safety net of minimum terms and conditions provided for in the Fair Work Act. The court also had to consider whether the agreement was fair and reasonable, and whether it was consistent with the principles of the Australian labour market.

The court found that the agreement met the requirements of section 233 of the Fair Work Act and was consistent with the safety net of minimum terms and conditions. The court also found that the agreement was fair and reasonable, and was consistent with the principles of the Australian labour market. The court approved the application for the agreement to be made a registered agreement under section 178 of the Fair Work Act. The court made orders approving the agreement, and directed that it be registered by the Registrar of the Fair Work Commission.

Pipemakers Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established