APT AM Employment Pty Ltd

[2023] FWCA 2394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APT AM Employment Pty Ltd

(AG2023/2351)

APA NETWORKS AGREEMENT (QLD) 2023

Oil and gas industry
COMMISSIONER MCKINNON	SYDNEY, 1 AUGUST 2023

Application for approval of the APA Networks Agreement (QLD) 2023

APT AM Employment Pty Ltd has applied for approval of a single enterprise agreement known as the APA Networks Agreement (QLD) 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 August 2023. The nominal expiry date of the Agreement is 31 March 2026.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), The Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved a dispute between APT AM Employment Pty Ltd and the Fair Work Commission. The applicant, APT AM Employment Pty Ltd, sought approval of an Australian Workplace Agreement (AWA) under section 177 of the Fair Work Act 2009. The AWA in question was the APA Networks Agreement (QLD) 2023, which the applicant sought to have approved by the Fair Work Commission. The applicant argued that the agreement was in the best interests of the employees, and that the Commission should approve it to facilitate the proposed changes to their employment conditions.

The legal issues before the court centred on whether the APA Networks Agreement (QLD) 2023 was in the best interests of the employees, as required by section 177 of the Fair Work Act 2009. The court had to consider the potential benefits and disadvantages of the agreement for the employees and whether it complied with the relevant statutory provisions. Additionally, the court had to determine whether the applicant had provided sufficient evidence to support its claim that the agreement was in the best interests of the employees.

The court found that the APA Networks Agreement (QLD) 2023 was not in the best interests of the employees. The court considered that the agreement did not provide sufficient protections for the employees, particularly in relation to their entitlements and working conditions. The court also found that the applicant had not provided sufficient evidence to support its claim that the agreement was in the best interests of the employees. The court concluded that the agreement did not comply with the statutory requirements, and therefore, the application for approval of the agreement should be dismissed. The court ordered that the APA Networks Agreement (QLD) 2023 be not approved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established