APT AM Employment Pty Ltd t/a APA Group

[2021] FWCA 6861

[2021] FWCA 6861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT AM Employment Pty Ltd t/a APA Group
(AG2021/8218)

APA NETWORKS AGREEMENT (QLD) 2021

Oil and gas industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 NOVEMBER 2021

Application for approval of the APA Networks Agreement (QLD) 2021.

[1] APT AM Employment Pty Ltd (Applicant) has applied for approval of a single enterprise agreement known as the APA Networks Agreement (QLD) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that complied with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). After the application was filed, an amended signature page was filed by a bargaining representative with a request that the application be amended to include an additional signature. I consider it appropriate in the circumstances to allow a correction or amendment to the application and do so pursuant to s.586(b), noting the Agreement when made did not include any signatures. 1

[3] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information and evidence was provided in relation to these concerns.

[4] The terms of an award are incorporated in the Agreement by reference but the Applicant did not take steps to ensure that the relevant employees were given or had access to those terms as required by s.180(2). The Applicant made submissions that the discretion at s.188(2) ought be exercised, including because the award is publicly available and the Agreement replaces an existing enterprise agreement which contains the same provision and the relevant employees are therefore familiar with the terms of the award. The bargaining representatives did not oppose. In these particular circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 2, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by this error.

[5] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[6] On the basis of the material contained in the application, further information provided on request of the Commission, 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.

[7] 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, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[8] The Agreement was approved on 26 November 2021 and, in accordance with s.54, will operate from 3 December 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514043  PR736213>

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

 2   [2019] FWCFB 318.