APT Management Services Pty Ltd T/A APA Group Summary

[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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by APT Management Services Pty Ltd T/A APA Group for the approval of the APA Transmission Pipelines (WA, NT, Qld & Moomba) Enterprise Agreement 2022. The application was made under section 185 of the Fair Work Act 2009. The applicant is seeking the Fair Work Commission's approval for the agreement, which aims to govern the employment terms and conditions for workers in the oil and gas industry. The legal issues in this case primarily revolve around whether the agreement complies with the statutory requirements for enterprise agreements under the Fair Work Act 2009, including whether the provisions are consistent with the National Employment Standards.

The Commission considered the potential inconsistencies between the agreement and the NES, but found that the more beneficial entitlements of the NES would prevail where there were any discrepancies. The Commissioner was satisfied that all relevant requirements of the Act had been met, including the provisions of sections 186, 187, and 188 of the Act. Additionally, the bargaining representatives for the agreement, the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, had provided notice that they wanted the agreement to cover them, and the agreement does cover these organisations.

The Commissioner approved the agreement, which will operate from 8 June 2022, with a nominal expiry date of 1 June 2026. The approval ensures that the agreement is legally binding and enforceable, and that the terms and conditions set out in the agreement will apply to the workers covered by it. The final orders of the case include the approval of the APA Transmission Pipelines (WA, NT, Qld & Moomba) Enterprise Agreement 2022, which will operate from the specified start date and expire on the specified end date.

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