DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Building Products Pty Ltd
(AG2018/7387)

APEX GROUP, NUW AND TWU ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Apex Group, NUW and TWU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Apex Group, NUW and TWU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apex Building Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 34 – Abandonment of employment.

However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Apex Building Products Pty Ltd was heard, concerning an application for the approval of the Apex Group, NUW and TWU Enterprise Agreement 2019. The parties involved included Apex Building Products Pty Ltd as the employer, and the National Union of Workers (NUW) and the Transport Workers Union (TWU) as the employee representatives. The dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues addressed by the Commission were whether the agreement provided for the minimum terms and conditions of employment as required by section 234 of the Act, and if it had been negotiated in good faith as per section 230. Additionally, the Commission needed to consider whether the agreement was free from any unlawful content, such as discriminatory provisions, and if it complied with the good faith bargaining requirements.

In reaching its decision, the Commission examined the negotiation process and the content of the proposed agreement. It found that the agreement contained provisions that adequately addressed the minimum terms and conditions, and that the bargaining process had been conducted in good faith. The Commission concluded that the agreement did not contain any unlawful content and met all necessary legislative requirements. Consequently, the Commission approved the Apex Group, NUW and TWU Enterprise Agreement 2019, recognising its compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Apex Group, NUW and TWU Enterprise Agreement 2019, effective from the date of the decision. The approval was based on the determination that the agreement met all statutory requirements, including the provision of minimum terms and conditions, good faith negotiation, and the absence of unlawful content.

Apex Building Products 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