DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Building Products Pty Ltd and Apex Steel Pty Ltd
(AG2015/1824)

APEX GROUP ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 MARCH 2015

Application for approval of the Apex Group Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Apex Group Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Apex Building Products Pty Ltd and Apex Steel Pty Ltd (as a single-interest employer). The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 26 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) and Transport Workers’ Union of Australia (TWU) with respect to the undertaking.

[4] Each of the NUW and TWU, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the NUW and TWU.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 27 March 2015. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The respondents, Apex Building Products Pty Ltd and Apex Steel Pty Ltd, applied to the Fair Work Commission for approval of the Apex Group Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act, particularly in terms of the procedural fairness afforded to the employees and the agreement's coverage of appropriate terms and conditions.

The primary legal issue before the court was whether the enterprise agreement was procedurally valid and if it covered all necessary terms and conditions as required by the Fair Work Act. The court had to determine if the respondents had correctly followed the process for developing and finalising the agreement and if the agreement adequately addressed all necessary employment terms. Additionally, the court examined whether the agreement unfairly disadvantaged any employees or if it provided appropriate protections and benefits.

The court found that the agreement was procedurally valid and contained all the necessary terms and conditions as required by the Fair Work Act. It was determined that the respondents had followed the appropriate process in developing the agreement and that it provided adequate protections and benefits to the employees. The court held that the enterprise agreement was fair and balanced, meeting all statutory requirements. Consequently, the application for approval was granted, and the Apex Group Enterprise Agreement 2015 was approved under the Fair Work Act.

Apex Building Products Pty Ltd and Apex Steel 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