Pipemakers Australia Pty Ltd Summary

[2024] FWCA 1575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipemakers Australia Pty Ltd

(AG2024/1347)

PIPEMAKERS MACKAY ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 30 APRIL 2024

Application for approval of the Pipemakers Mackay Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Pipemakers Mackay Enterprise Agreement 2024 (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 “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 is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 12 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipemakers Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Pipemakers Mackay Enterprise Agreement 2024. The applicant, Pipemakers Australia, is a company involved in the manufacture and sale of pipes and related products. The dispute centred on the terms and conditions of employment set forth in the proposed enterprise agreement, which was negotiated between the company and the Pipemakers Union. The commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the enterprise agreement provided for terms and conditions that were no worse off financially than those provided under the relevant awards and whether it adhered to the procedural requirements set forth in the Fair Work Act. The commission also needed to consider if the agreement contained genuine bargaining and if it complied with the good faith bargaining obligations. These issues were crucial in determining whether the agreement was fit for approval and would serve the interests of the employees and the employer.

In delivering its decision, the commission found that the enterprise agreement met the necessary criteria for approval. The commission noted that the agreement provided for terms and conditions that were no worse off financially than those provided under the relevant awards. The bargaining process was deemed genuine, and the parties had complied with the good faith bargaining obligations. The commission also found that the agreement adhered to the procedural requirements and contained all the necessary provisions for a valid enterprise agreement. Based on these findings, the commission approved the Pipemakers Mackay Enterprise Agreement 2024, ensuring that the terms and conditions of employment were fair and balanced for both the employer and the employees.

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