Applus Pty Ltd Summary

[2021] FWCA 5992

FAIR WORK COMMISSION

DECISION

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

Applus Pty Ltd
(AG2021/7288)

APPLUS+ PLY LTD WOODSIDE NORTH WEST AGREEMENT 2021 - 2025

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 SEPTEMBER 2021

Application for approval of the Applus+ Ply Ltd Woodside North West Agreement 2021 – 2025.

[1] Applus Pty Ltd has made an application for the approval of an enterprise agreement known as the name of agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Australian Workers’ Union (the organisation),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 organisation is covered by the Agreement.

[7] The Agreement was approved on 23 September 2021 and, in accordance with s 54, will operate from 30 September 2021. The nominal expiry date of the Agreement is 23 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Applus Pty Ltd for approval of the Applus+ Ply Ltd Woodside North West Agreement 2021 – 2025. The agreement, if approved, would establish the terms and conditions of employment for workers within the specified period. The applicant sought to ensure compliance with the Fair Work Act 2009 and to formalise the terms agreed upon by the parties involved.

The primary legal issues the court had to address included whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the good faith bargaining provisions and the coverage of the agreement. The court needed to ascertain whether the agreement was genuinely negotiated and whether it covered all the relevant employees. Furthermore, the court considered whether the agreement provided fair and reasonable terms for the workers and if it adhered to the principles of the Fair Work Act.

The Fair Work Commission thoroughly examined the evidence provided by the applicant, including documentation of the negotiation process and the terms of the agreement. The court found that the agreement was a product of good faith bargaining and covered all relevant employees. The Commission determined that the terms of the agreement were fair and reasonable and complied with the requirements of the Fair Work Act. Consequently, the application was approved, and the Applus+ Ply Ltd Woodside North West Agreement 2021 – 2025 was endorsed.

The final orders of the Commission included the approval of the agreement and its registration with the Fair Work Commission. The agreement was to be in effect from the date of approval and would govern the employment conditions for the specified period. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of employment were fair and legally compliant.

Applus Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established