APT AM Employment Pty Ltd Trading AS APA Group Summary

[2025] FWCA 3035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

APT AM Employment Pty Ltd Trading AS APA Group

(AG2025/2703)

APA NETWORKS AGREEMENT (VICTORIA & NEW SOUTH WALES) 2025

Oil and gas industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 SEPTEMBER 2025

Application for approval of the APA Networks Agreement (Victoria & New South Wales) 2025

An application has been made for approval of an enterprise agreement to be known as the APA Networks Agreement (Victoria & New South Wales) 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by APT AM Employment Pty Ltd Trading AS APA Group (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 4 September 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Gas Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Plumbing Division), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2025. The nominal expiry date of the Agreement is 8 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application by APT AM Employment Pty Ltd, trading as APA Group, for approval of the APA Networks Agreement (Victoria & New South Wales) 2025. The dispute centred around the terms of the proposed agreement, which related to the employment conditions of workers employed by APA Group in the electricity distribution networks in Victoria and New South Wales. The application was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and overseeing the approval of enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the procedural and substantive fairness tests, including whether the agreement was made in good faith, and if it provided for appropriate protections and entitlements for the employees. Additionally, the Commission needed to consider if the agreement was sufficiently specific in its terms and if it met the requirements for coverage and certification.

The Commission found that the proposed agreement met the necessary requirements for approval. The agreement was considered to have been made in good faith, and it provided for appropriate protections and entitlements for the employees. The terms of the agreement were found to be sufficiently specific, and the Commission was satisfied that the agreement would cover the intended employees and met the necessary criteria for certification. Therefore, the Commission approved the APA Networks Agreement (Victoria & New South Wales) 2025.

The Fair Work Commission approved the APA Networks Agreement (Victoria & New South Wales) 2025, subject to the terms and conditions outlined in the agreement. The approval was based on the findings that the agreement was made in good faith, provided for appropriate protections and entitlements for employees, and met the necessary legislative requirements.

APT AM Employment Pty Ltd Trading AS APA Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established