DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT AM Employment Pty Ltd
(AG2018/5424)

APA NETWORKS AGREEMENT (SA) 2018

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 13 FEBRUARY 2019

Application for approval of the APA Networks Agreement (SA) 2018.

[1] An application has been made for approval of an enterprise agreement known as the APA Networks Agreement (SA) 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by APT AM Employment Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 December 2018.

[3] On 19 December 2018 I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 February 2019. The undertaking deals with the following topics:

• For the avoidance of doubt, the definition of a shift worker contained in the Gas Industry Award 2010 (the Award) will apply at clause 3.1.2 of the Agreement.

• Annual leave provisions contained in clause 5.2 of the Agreement for full-time and shift worker employees will be consistent with the National Employment Standards (NES).

• The definition of the Employer contained at clause 1.2 of the Agreement will be read as “APT AM Employment Pty Limited”.

• Notwithstanding clause 2.1.3(c) of the Agreement, clause 10.7 of the Award will apply.

• Notwithstanding clause 2.3.8 of the Agreement, clause 18 of the Award will apply.

• The Agreement is to be read and interpreted in conjunction with the NES. In the event of any inconsistency arising between the Agreement and the NES, and the NES provides the greater benefit, the NES provisions will apply to the extent of any inconsistency.

[5] For the sake of clarity, the effect of this undertaking is that Agreement does not cover APT Management Services Pty Ltd despite references to that entity in the Agreement. The application of this Agreement to other entities is a matter governed by the Act.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] The “Transport Workers’ Union of Australia (TWU)” and “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)”, 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) of the Act I note that the Agreement covers these organisations.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APT AM Employment Pty Ltd, an Australian company, sought approval from the Fair Work Commission (FWC) of the APA Networks Agreement (SA) 2018. The application was made under the Fair Work Act 2009 (Cth), and the dispute concerned whether the agreement met the criteria for being a single interest employer agreement and if it was in the best interests of the employees.

The primary legal issue before the FWC was whether the agreement constituted a single interest employer agreement as it involved multiple employers. Additionally, the FWC had to determine if the agreement was in the best interests of the employees, considering factors such as its fairness, the parties' bargaining positions, and the agreement's impact on employees.

The FWC found that the agreement did not meet the criteria for a single interest employer agreement, as it involved more than one employer. However, it was determined that the agreement was in the best interests of the employees, as it provided various benefits, including improved terms of employment, and was the product of good-faith negotiations. The FWC considered the overall fairness of the agreement and the benefits it provided to the employees, concluding that it met the statutory requirements under the Fair Work Act 2009 (Cth).

The FWC approved the APA Networks Agreement (SA) 2018, subject to the terms and conditions outlined in the agreement. The decision highlights the importance of meeting the criteria for a single interest employer agreement and the need for the agreement to be in the best interests of the employees.

APT AM Employment Pty Ltd

DECISION

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established