APT Management Services Pty Ltd T/A APA Group Summary

[2022] FWCA 4050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APT Management Services Pty Ltd T/A APA Group

(AG2022/4666)

APA Orbost Gas Processing Plant EnterpriseAgreement (Victoria) 2022

Oil and gas industry
DEPUTY PRESIDENT BELL	MELBOURNE, 18 NOVEMBER 2022

Application for approval of the APA Orbost Gas Processing Plant Enterprise Agreement (Victoria) 2022.

An application has been made for approval of an enterprise agreement known as the APA Orbost Gas Processing Plant Enterprise Agreement (Victoria) 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer APT Management Services Pty Ltd T/A APA Group. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 the organisations.

The Agreement was approved on 18 November 2022 and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of APT Management Services Pty Ltd trading as APA Group, the Fair Work Commission was asked to approve the APA Orbost Gas Processing Plant Enterprise Agreement (Victoria) 2022. The application for approval was made by the employer, and the Australian Council of Trade Unions (ACTU) intervened in the proceedings. The primary dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly focusing on whether it provided for minimum terms and conditions of employment, and if it was made in good faith and without coercion.

The legal issues before the Commission included whether the agreement adequately covered the minimum entitlements stipulated by the Fair Work Act, and whether the process of its formation was conducted fairly and without undue influence or pressure on the employees. The Commission also examined if the agreement contained provisions that were necessary to ensure a safe and healthy working environment, and if it adequately provided for the resolution of workplace disputes.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement did meet the legislative requirements. The agreement was comprehensive in covering the minimum terms and conditions of employment, and the Commission was satisfied that it was made in good faith. The process of forming the agreement was deemed to be free from coercion, and the agreement included necessary provisions for workplace health and safety and dispute resolution. Consequently, the Commission approved the agreement, finding it to be compliant with the relevant legislative framework.

The final orders of the Commission were to approve the APA Orbost Gas Processing Plant Enterprise Agreement (Victoria) 2022, effective from the date of the decision. This approval meant that the agreement could be used as the basis for the employment conditions of the workers covered by it, ensuring that they received the protections and entitlements provided for in the Fair Work Act.

APT Management Services Pty Ltd T/A APA Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established