APT AM Employment Pty Ltd T/A APA Group

[2021] FWCA 4505

[2021] FWCA 4505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT AM Employment Pty Ltd T/A APA Group
(AG2021/6317)

APA NETWORKS AGREEMENT (SA) 2021

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 27 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the APA Networks Agreement (SA) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by APT AM Employment Pty Ltd T/A APA Group (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 July 2021 and was determined on the papers.

[3] Clause 21.1 of the aligned Modern Award, being the Gas Industry Award 2020, a shiftworker is defined for the purposes of the National Employment Standards (NES) as ‘a seven-day shiftworker who is regularly rostered to work on Sundays and public holidays’. Clause 1.2 of the Agreement, however, defines a shiftworker as ‘an Employee engaged in either continuous or non-continuous shift work. Continuous shift work means work carried on with consecutive shifts throughout the twenty-four (24) hour of at least six (6) consecutive days, without interruption, except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the Employer.’ Whilst the Agreement’s definition appears to be more onerous than the one provided in the aligned Modern Award, I am satisfied that the rates of pay in the Agreement are high enough to ensure that each employee remains better off overall under the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Workers’ Union (AWU) and the Trade Workers’ Union (TWU), 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 27 July 2021.

COMMISSIONER

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