DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT AM Employment Pty Ltd T/A APA Group
(AG2018/5941)

APA NETWORKS AGREEMENT (QLD) 2018

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

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

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Australian Workers’ Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved APT AM Employment Pty Ltd, trading as the APA Group, and its employees, represented by the Communications, Electrical and Plumbing Union of Australia (CEPU). The dispute centred on the application for the approval of the APA Networks Agreement (QLD) 2018. This application sought to establish a new enterprise agreement that would replace the existing APA Networks Agreement (QLD) 2017. The employees argued that the proposed agreement did not adequately address certain employment conditions and entitlements. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to ensure that the agreement was made in good faith and followed the necessary processes, such as the provision of relevant documents and the opportunity for proper negotiation. Substantively, the Commission had to assess whether the agreement provided for appropriate terms and conditions, including minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission considered whether the agreement was free from any provisions that could be deemed contrary to the public interest.

In delivering its decision, the Commission noted that the proposed agreement was made in good faith and that the necessary procedural requirements were met. The Commission found that the agreement provided for appropriate terms and conditions, including minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also concluded that the agreement did not contain any provisions that were contrary to the public interest. As a result, the Fair Work Commission approved the APA Networks Agreement (QLD) 2018, which would replace the existing agreement from 1 July 2018.

The Commission's final order was the approval of the APA Networks Agreement (QLD) 2018, effective from 1 July 2018. The approved agreement would govern the employment conditions of the employees covered by the agreement, including those previously covered by the APA Networks Agreement (QLD) 2017. The employees and the employer were required to comply with the terms of the approved agreement, which would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act. The decision marked the conclusion of the dispute and provided certainty for both the employees and the employer moving forward.

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