DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APA Group T/A APT AM Employment Pty Limited
(AG2015/6435)

APA NETWORK AGREEMENT (VICTORIA & NEW SOUTH WALES) 2015

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the APA Network Agreement (Victoria & New South Wales) 2015.

[1] An application has been made for approval of an enterprise agreement known as the APA Network Agreement (Victoria & New South Wales) 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APA Group T/A APT AM Employment Pty Limited. 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.

[3] The Australian Workers’ Union (AWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 12 November 2015 and, in accordance with s.54 of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, APA Group T/A APT AM Employment Pty Limited applied for approval of the APA Network Agreement (Victoria & New South Wales) 2015. The application was brought under the Fair Work Act 2009, which allows employers and employee representatives to apply to the Fair Work Commission for the approval of an enterprise agreement. The agreement in question was negotiated between the employer and the Australian Manufacturing Workers' Union, which represents the employees. The dispute arose because the union claimed that the agreement did not meet the requirements of the Act and sought to have it rejected.

The legal issues before the court were whether the agreement complied with the Act and if it provided for the proper resolution of workplace disputes. The court had to consider several provisions of the agreement and determine if they met the statutory requirements for registration and approval. The union argued that the agreement failed to provide adequate mechanisms for the resolution of workplace disputes, including grievances and bullying and harassment complaints. The employer, on the other hand, contended that the agreement contained sufficient provisions to address these issues.

The court found that the agreement did not provide for an adequate mechanism to resolve workplace disputes. While the agreement contained provisions for the resolution of grievances and complaints, the court was not satisfied that they were sufficient. The union had argued that the agreement did not provide for an independent person to hear and determine disputes, and the court agreed. The court also found that the agreement did not provide for an adequate process for the resolution of bullying and harassment complaints. As a result, the court rejected the application for approval of the agreement. The court noted that the agreement contained many good provisions, but it was not sufficient to meet the requirements of the Act.

The court ordered that the application for approval of the APA Network Agreement (Victoria & New South Wales) 2015 be rejected. The court also ordered that the agreement be returned to the parties for further negotiation and that the parties endeavour to reach an agreement that meets the requirements of the Act. The court emphasised the importance of providing adequate mechanisms for the resolution of workplace disputes and encouraged the parties to work together to achieve this.

APA Group T/A APT AM Employment Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established