DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pipemech Pty Ltd
(AG2016/1631)

PIPEMECH PTY LTD CSG WORKPLACE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Pipemech Pty Ltd CSG Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pipemech Pty Ltd CSG Workplace 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 Pipemech 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 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pipemech Pty Ltd, an employer, applied for approval of its 2016 Coal Seam Gas Workplace Agreement with the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing some of the workers. The dispute centred around the fairness and suitability of the agreement for the workers, particularly concerning their working conditions, pay rates, and entitlements. The Commission had to determine whether the agreement was fair and suitable for the workers, as required under the Fair Work Act 2009.

The Commission considered several factors in making its decision, including the bargaining power of the parties, the terms and conditions of the agreement, and the impact of the agreement on the workers. The Commission noted that the agreement provided for a significant increase in pay rates for some workers and improvements to working conditions. However, the Commission also found that some provisions of the agreement were unfair, such as those relating to shift patterns and overtime. The Commission concluded that, while the agreement had some benefits, it was not fair and suitable overall.

The Commission refused to approve the agreement, stating that it was not fair and suitable for the workers. The Commission ordered the parties to negotiate a new agreement that addressed the concerns raised in the decision. The decision highlights the importance of ensuring that workplace agreements are fair and suitable for all parties and that the bargaining power of the parties is taken into account when making decisions about the approval of such agreements.

Pipemech 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