DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pipemakers Australia Pty Ltd
(AG2016/4579)

PIPEMAKERS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Pipemakers Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pipemakers Australia Pty Ltd Enterprise Agreement 2016 (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.

[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 “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.

[4] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 19 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipemakers Australia Pty Ltd, represented by their enterprise bargaining agent, applied to the Fair Work Commission for approval of the Pipemakers Australia Pty Ltd Enterprise Agreement 2016. The company sought to have the agreement certified as a single interest employer agreement, applicable to their employees who are classified as 'casual employees'. The dispute arose from the company's desire to formalise employment terms with its casual workforce through the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for certification as a single interest employer agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement genuinely represented the interests of the casual employees, and whether it complied with the procedural requirements for certification. Additionally, the Commission examined whether the agreement adhered to the relevant provisions concerning bargaining and the rights of employees.

In reaching its decision, the Commission considered the content and context of the proposed agreement, as well as submissions from both the employer and the employees. The Commission found that the agreement effectively addressed the terms and conditions of employment for casual employees, and that it was consistent with the principles of good faith bargaining and the protection of employee rights. The Commission also concluded that the procedural requirements for certification had been met, and that the agreement was fair and reasonable. Consequently, the Commission certified the Pipemakers Australia Pty Ltd Enterprise Agreement 2016 as a single interest employer agreement.

The Fair Work Commission certified the Pipemakers Australia Pty Ltd Enterprise Agreement 2016 as a single interest employer agreement, effective from the date of the decision. The agreement now binds the company and its casual employees, establishing the terms and conditions of their employment.

Pipemakers Australia 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