Applus Pty Ltd

[2025] FWCA 1606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Applus Pty Ltd

(AG2025/1171)

APPLUS PTY LTD ONSHORE NDT & INSPECTION GREENFIELDS AGREEMENT 2025

Oil and gas industry
COMMISSIONER FOX	MELBOURNE, 14 MAY 2025

Application for approval of the Applus Pty Ltd Onshore NDT & Inspection Greenfields Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Applus Pty Ltd Onshore NDT & Inspection Greenfields Agreement 2025 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied each of the requirements of ss.186 and 187 of the Act relevant to this application have been met. I am satisfied the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union is entitled to represent the industrial interests of the majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Agreement covers that organisation under s.53(2)(b).

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in ss.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Applus Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, a provider of non-destructive testing and inspection services, sought to have the agreement approved for a period of five years. The dispute involved the terms and conditions of employment for the employees covered by the agreement. The matter was heard by the Fair Work Commission.

The key legal issues before the Commission were whether the agreement provided for the proper administration of the workplace and whether it was free from any provisions that would undermine the protection of employees' rights. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009.

After considering the submissions from the applicant and the relevant stakeholders, the Commission determined that the agreement met the necessary criteria for approval. The agreement provided for a clear framework for the administration of the workplace, and the terms and conditions of employment were fair and reasonable. The Commission found that the agreement was in the best interests of the employees and did not undermine their rights. Consequently, the Commission approved the agreement for a period of five years.

The Fair Work Commission approved the Applus Pty Ltd Onshore NDT & Inspection Greenfields Agreement 2025 for a period of five years, effective from the date of the Commission's decision. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established