APS (WA) Pty Ltd Summary

[2016] FWCA 469

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APS (WA) Pty Ltd

(AG2016/73)

APS (WA) PTY LTD - GORGON PROJECT - BARROW ISLAND

ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 25 JANUARY 2016

Application for approval of the APS (WA) Pty Ltd - Gorgon Project - Barrow Island

Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

APS (WA) Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by APS (WA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining

representatives for the Agreement, have given notice under s.183 of the Act that they want the

Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the

organisations.
[2016] FWCA 469

[4] The Agreement was approved on 25 January 2016 and, in accordance with s.54, will

operate from 1 February 2016. The nominal expiry date of the Agreement is 31 December

2017.

COMMISSIONER

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CaseChat Overview and Summary

APS (WA) Pty Ltd applied for approval of the Gorgon Project - Barrow Island Enterprise Agreement 2015. The application was made under section 185 of the Fair Work Act 2009. The applicant, APS (WA) Pty Ltd, sought approval for a single enterprise agreement that, while not covering all of its employees, was fairly chosen in accordance with sections 186, 187, and 188 of the Act. The Construction, Forestry, Mining and Energy Union, a bargaining representative for the agreement, requested that it cover them, as per section 183 of the Act.

The court examined whether the agreement met the criteria set out in the Fair Work Act for approval. It was satisfied that all relevant requirements had been met, including that the group of employees covered by the agreement was fairly chosen, taking into account the factors in section 186(3) and (3A) of the Act. The court also noted that the agreement covered the relevant organisations in accordance with section 201(2).

The court approved the Gorgon Project - Barrow Island Enterprise Agreement 2015 on 25 January 2016, and it will operate from 1 February 2016. The nominal expiry date of the agreement is 31 December 2017.

APS (WA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established