DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT Management Services Pty Ltd T/A APA Group
(AG2017/6191)

APA MIDSTREAM ENTERPRISE AGREEMENT (VICTORIA) 2017

Oil and gas industry
COMMISSIONER WILSON	MELBOURNE, 20 APRIL 2018

Application for approval of the APA Midstream Enterprise Agreement (Victoria) 2017.

[1] An application has been made for approval of an enterprise agreement known as the APA Midstream Enterprise Agreement (Victoria) 2017 (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 Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 19 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, APT Management Services Pty Ltd, trading as APA Group, applied to the Fair Work Commission for the approval of the APA Midstream Enterprise Agreement (Victoria) 2017. The application involved the employees of APA Group who are covered by the proposed agreement. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act for it to be approved and registered.

The legal issues before the court were whether the agreement provided for the mandatory terms as required by the Act, whether the agreement had been made in accordance with the procedural requirements of the Act, and whether the agreement was in the best interests of the employees it covered. Specifically, the court needed to consider if the agreement complied with the provisions regarding notice periods, penalty rates, and other employment conditions. The court also examined if there had been proper consultation with the employees and if the agreement was fair and reasonable.

The Fair Work Commission, in its decision, found that the agreement did comply with the mandatory terms and procedural requirements of the Fair Work Act. The Commission noted that the agreement provided for appropriate notice periods, penalty rates, and other employment conditions that were in line with the statutory standards. Additionally, the Commission was satisfied that there had been adequate consultation with the employees and that the agreement was fair and reasonable. Consequently, the Commission approved the agreement and ordered its registration.

The final orders of the court were that the APA Midstream Enterprise Agreement (Victoria) 2017 be approved and registered under the Fair Work Act. The agreement was to have effect from the date of registration and would apply to the employees of APA Group as specified in the agreement.

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