APT Management Services Pty Ltd T/A APA Group

Case

[2022] FWCA 1794

1 JUNE 2022


[2022] FWCA 1794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APT Management Services Pty Ltd T/A APA Group

(AG2022/1599)

APA Transmission Pipelines (WA, NT, Qld & Moomba) Enterprise Agreement 2022

Oil and gas industry

COMMISSIONER MATHESON

SYDNEY, 1 JUNE 2022

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

  1. An application has been made for approval of an enterprise agreement known as the APA Transmission Pipelines (WA, NT, Qld & Moomba) Enterprise Agreement 2022 (Agreement). The application was made by APT Management Services Pty Ltd T/A APA Group (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2022. The nominal expiry date of the Agreement is 1 June 2026.


COMMISSIONER

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