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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CaseChat Overview and Summary

The matter before the Fair Work Commission involved APT AM Employment Pty Ltd, trading as APA Group, and its employees represented by the Communications, Electrical and Plumbing Union of Australia (CEPU). The dispute centred on the application for approval of the APA Networks Agreement (SA) 2021, which aimed to establish the terms and conditions of employment for the employees covered by the agreement. The employees argued that the proposed agreement did not adequately address various aspects of their employment, including wages, working conditions, and other entitlements.

The key legal issues before the Commission were whether the proposed agreement complied with the relevant legislative provisions, particularly the Fair Work Act 2009. The Commission had to determine whether the agreement provided for the minimum entitlements required by the Act, was free from prohibited content, and whether it was made in good faith. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employer and employees, ensuring fairness and equity in the workplace.

The Fair Work Commission carefully examined the proposed agreement, assessing it against the statutory requirements and principles of good faith bargaining. The Commission determined that, while the agreement contained provisions that met the minimum entitlements, there were deficiencies in addressing specific employee concerns related to working conditions and entitlements. After considering submissions from both parties and conducting a thorough analysis, the Commission concluded that the agreement did not sufficiently address the employees' concerns and was not made in good faith. Consequently, the application for approval was rejected.

The Fair Work Commission ordered that the APA Networks Agreement (SA) 2021 be returned to the parties for further negotiation, with specific directions to address the identified deficiencies. The Commission emphasised the importance of good faith bargaining and the need for the agreement to appropriately balance the interests of both the employer and employees. The matter was to be revisited by the Commission once the parties had made further efforts to reach a satisfactory agreement.

APT AM Employment Pty Ltd 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