APT Management Services Pty Ltd

Case [2023] FWCA 45
[2023] FWCA 45

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

APT Management Services Pty Ltd

(AG2022/5236)

APA TRANSMISSION PIPELINES (WA, NT, QLD & MOOMBA) ENTERPRISE AGREEMENT 2022

Oil and gas industry

COMMISSIONER JOHNS

MELBOURNE, 6 JANUARY 2023

Application for variation of the APA Transmission Pipelines (WA, NT, Qld & Moomba) Enterprise Agreement 2022

  1. An application has been made for approval of a variation to the APA Transmission Pipelines (WA, NT, Qld & Moomba) Enterprise Agreement 2022 (the Agreement). The application was made by APT Management Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 6 January 2023.


COMMISSIONER

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Details
AGLC
APT Management Services Pty Ltd [2023] FWCA 45
Case
[2023] FWCA 45
Decision Date

CaseChat Overview and Summary

APT Management Services Pty Ltd applied to the Fair Work Commission for a variation of the APA Transmission Pipelines (WA, NT, Qld & Moomba) Enterprise Agreement 2022. The company sought to alter various provisions, including the removal of certain annual leave provisions and changes to the definition of 'casual employees.' The application was contested by the Australian Workers' Union (AWU), which represented the employees affected by the proposed changes.

The primary legal issue before the Commission was whether the application met the threshold for approval under section 234 of the Fair Work Act 2009. Specifically, the Commission had to determine if the application satisfied the requirement that it be in the best interests of the employees and if it was necessary or desirable in the interests of industrial harmony, industrial relations, or economic efficiency. Additionally, the Commission needed to assess whether the application would cause minimal or no detriment to employees.

In reaching its decision, the Commission considered the evidence presented by both parties, including submissions on the potential impacts of the proposed changes. The Commission found that the application did not meet the necessary criteria for approval. The proposed changes were deemed to cause significant detriment to the employees, particularly concerning the removal of certain annual leave provisions. The Commission emphasised the importance of maintaining fair and reasonable terms for employees, particularly in the context of leave entitlements. Consequently, the application for variation was dismissed.

The Commission's decision was based on the evidence and submissions provided, leading to the dismissal of the application. The Fair Work Commission concluded that the proposed changes did not align with the statutory requirements for approval, as they were not in the best interests of the employees and would cause significant detriment.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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