Apex Building Products Pty Ltd, Apex Steel Pty Ltd Summary

[2023] FWCA 1073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Apex Building Products Pty Ltd, Apex Steel Pty Ltd

(AG2023/893)

APEX GROUP ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 13 APRIL 2023

Application for approval of the Apex Group Enterprise Agreement 2023.

Apex Building Products Pty Ltd and Apex Steel Pty Ltd (the Employers) have made an application for approval of an enterprise agreement known as the Apex Group Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The United Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 13 April 2023 and, in accordance with s.54, will operate from 20 April 2023. The nominal expiry date of the Agreement is 31 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Apex Building Products Pty Ltd and Apex Steel Pty Ltd applied for approval of the Apex Group Enterprise Agreement 2023. The dispute arose as the two companies sought to standardise their employment terms and conditions under a unified enterprise agreement. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval, particularly those under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement contained all the mandated terms and conditions, whether it complied with procedural requirements, and whether it met the genuine agreement test. The applicants argued that the agreement was comprehensive and had been negotiated in good faith, with adequate consultation and disclosure. The Commission needed to assess whether these elements were sufficiently evidenced in the record.

The Commission found that the enterprise agreement satisfied all statutory requirements. The terms and conditions were detailed and covered all mandatory subjects. The procedural fairness was upheld, with evidence of proper consultation and disclosure. The genuine agreement test was met, as there was no evidence of coercion or unfairness in the negotiation process. Accordingly, the application was approved. The Commission noted the importance of the agreement in providing certainty and stability for the employees of both companies.

The final orders of the Commission were that the Apex Group Enterprise Agreement 2023 be approved as a registered agreement. The agreement was to be registered on the Australian Industrial Registry upon payment of the prescribed fee. The approval was effective from the date of the decision and was to be published in the Commonwealth Gazette.

Apex Building Products Pty Ltd, Apex Steel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established