DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT Management Services Pty Ltd t/a APA Group
(AG2015/5179)

APA TRANSMISSION PIPELINES (WA, NT, QLD & MOOMBA) ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the APA Transmission Pipelines (WA, NT, QLD & Moomba) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the APA Transmission Pipelines (WA, NT, QLD & Moomba) Enterprise Agreement 2015 (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] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, APT Management Services Pty Ltd trading as APA Group, applied to the Fair Work Commission for approval of the APA Transmission Pipelines (WA, NT, QLD & Moomba) Enterprise Agreement 2015. The applicants sought to have the agreement, which was entered into between the applicant and the Australian Council of Trade Unions, approved as a modern award. The dispute was heard in the Fair Work Commission, with the Commission exercising its powers under section 232 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval as a modern award. Specifically, the Commission was required to determine whether the agreement was in the public interest, and whether it contained provisions that met the requirements of the Fair Work Act, including those relating to minimum terms and conditions of employment. The Commission also considered whether the agreement contained provisions that would be inconsistent with the operation of the Fair Work Act or other relevant legislation.

In reaching its decision, the Commission noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act, including those relating to minimum terms and conditions of employment. The Commission also found that the agreement was in the public interest, as it provided for the fair and equitable treatment of employees in the transmission pipelines industry. The Commission was satisfied that the agreement contained provisions that were necessary and appropriate to facilitate the efficient operation of the industry, and that it would not have an adverse effect on the broader economy or on the interests of other employees or employers.

The Commission approved the agreement as a modern award, subject to certain modifications to ensure compliance with the Fair Work Act. The applicant was directed to make the necessary changes to the agreement, and to provide a copy of the modified agreement to the Commission within a specified period. The Commission also made orders relating to the publicity and publication of the agreement, and the rights of employees to be provided with a copy of 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