DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT Management Services Pty Ltd T/A APA Group
(AG2018/7242)

APA TRANSMISSION PIPELINES (WA, NT, QLD & MOOMBA) ENTERPRISE AGREEMENT 2018

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2019

Application for approval of the APA Transmission Pipelines (WA, NT, QLD & Moomba) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the APA Transmission Pipelines (WA, NT, QLD & Moomba) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APT Management Services Pty Ltd T/A APA Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 25 – Annual Leave.

• Clause 29 – Personal Leave.

However, noting Clause 3 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved APT Management Services Pty Ltd, trading as APA Group, which sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the APA Transmission Pipelines (WA, NT, QLD & Moomba) Enterprise Agreement 2018. The nature of the dispute was over the procedural fairness and content of the agreement as it related to the terms and conditions of employment for employees within the specified regions.

The legal issues before the court revolved around the approval process of the enterprise agreement under the Fair Work Act 2009. The primary contention was whether the agreement met the necessary criteria for approval, including whether the consultation process was adequate and whether the agreement complied with the provisions of the Act. Furthermore, the court had to determine if the agreement was fair and whether it contained terms that were reasonable and necessary to achieve a fair outcome for both employees and employers.

The court examined the consultation process undertaken by the applicant and found it to be comprehensive, involving multiple meetings and exchanges with employee representatives. The court noted that the agreement provided for fair and reasonable terms, including provisions on wages, working conditions, and dispute resolution mechanisms. It concluded that the agreement was not only procedurally sound but also substantively fair, as it balanced the interests of both parties. Based on this reasoning, the court approved the enterprise agreement, affirming that it met the legal standards required for endorsement.

APT Management Services Pty Ltd T/A APA Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established