DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Applus Pty Ltd
(AG2020/434)

APPLUS PTY LTD VICTORIAN NDT AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 6 MARCH 2020

Application for approval of the Applus Pty Ltd Victorian NDT Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Applus Pty Ltd Victorian NDT Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applus Pty Ltd. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 19.1

[3] However, noting clause 6(k) of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 6 March 2020 and, in accordance with s.54, will operate from 13 March 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, the matter of Applus Pty Ltd was considered. The dispute involved an application for the approval of the Applus Pty Ltd Victorian NDT Agreement 2020 - 2023. This agreement was intended to establish the terms and conditions of employment for certain employees in the non-destructive testing sector in Victoria. The application was brought before the court to determine whether the agreement should be approved as a safety net agreement under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement met the statutory requirements for approval as a safety net agreement. This involved examining whether the agreement provided no less favourable terms and conditions than those provided under relevant awards or agreements, and whether it complied with the provisions of the Fair Work Act. Additionally, the court had to assess whether the agreement had been made in good faith and whether the necessary consultation processes had been followed.

The court found that the Applus Pty Ltd Victorian NDT Agreement 2020 - 2023 met the necessary criteria for approval. It provided no less favourable terms and conditions than the relevant awards, and it complied with the requirements of the Fair Work Act. The court was satisfied that the agreement had been made in good faith and that the required consultation processes had been followed. Consequently, the court approved the agreement as a safety net agreement.

The court's final order was that the Applus Pty Ltd Victorian NDT Agreement 2020 - 2023 be approved as a safety net agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment for the relevant employees are protected and regulated by the approved agreement, rather than by the applicable awards.

Applus 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