DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT AM Employment Pty Limited T/A APA Group
(AG2018/4650)

APA NETWORK AGREEMENT (VICTORIA & NEW SOUTH WALES) 2018

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JANUARY 2019

Application for approval of the APA Network Agreement (VIC & NSW) 2018.

[1] An application has been made for approval of an enterprise agreement known as the APA Network Agreement (Victoria & New South Wales) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APT AM Employment Pty Limited T/A APA Group. The agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 January 2019 and, in accordance with s.54, will operate from 24 January 2019. The nominal expiry date of the Agreement is 25 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of APT AM Employment Pty Limited T/A APA Group, the Fair Work Commission was tasked with assessing the APA Network Agreement (VIC & NSW) 2018 for its compliance with relevant industrial laws and fairness. The agreement, which outlines the terms and conditions for employees in the APA Group's network operations within Victoria and New South Wales, was proposed for approval. The application for approval arose from a request by the employer, seeking to formalise and standardise the employment conditions across the specified regions.

The central legal issues before the Commission involved whether the proposed agreement met the requirements set out in the Fair Work Act 2009, including its conformity with modern awards, compliance with minimum employment standards, and its alignment with the principles of procedural fairness and substantive fairness. Furthermore, the Commission needed to consider whether the agreement provided adequate protections for employees, including provisions for working conditions, leave entitlements, and dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission meticulously reviewed the terms of the APA Network Agreement against applicable industrial instruments and principles. The Commission found that the agreement, while comprehensive, required several amendments to ensure full compliance with modern awards and minimum standards. The Commission also noted that while the proposed agreement contained provisions for procedural fairness, some elements required refinement to better protect the interests of employees. Ultimately, the Commission approved the agreement with specific conditions that mandated certain amendments be made to address the identified issues. These amendments aimed to ensure that the agreement would better meet the requirements of the Fair Work Act and provide adequate protections for employees.

The final orders included the approval of the APA Network Agreement (VIC & NSW) 2018, subject to the implementation of the recommended amendments. The employer was required to make the necessary changes within a specified timeframe and submit a report to the Fair Work Commission confirming compliance with the conditions of approval. This decision highlights the importance of ensuring that employment agreements not only meet statutory requirements but also provide fair and reasonable terms for all parties involved.

APT AM Employment Pty Limited T/A APA Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established