APT Management Services Pty Ltd T/A APA Group Summary

[2025] FWCA 1762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

APT Management Services Pty Ltd T/A APA Group

(AG2025/1286)

APA PILBARA ENERGY ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER LIM	PERTH, 26 MAY 2025

Application for approval of the APA Pilbara Energy Enterprise Agreement 2025.

APT Management Services Pty Ltd trading as APA Group (the Applicant) has made an application for the approval of an enterprise agreement known as the APA Pilbara Energy Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is “APA Pilbara Energy System Enterprise Agreement 2024” whilst the Agreement title in clause 1 is “APA Pilbara Energy Enterprise Agreement 2025”. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 7.2 provides that the ordinary hours of work for full-time employees are 38.5 hours per week. This appears to be inconsistent with s 62(1) of the Act which provides that an employer must not request or require an employee to work more than 38 ordinary hours of work in a week unless the additional hours are reasonable.
(b)Clause 7.4(b) provides that severance pay is not payable where the employer finds suitable alternative employment for the employee; however, the provision does not appear to be subject to an application under s 120 of the Act.

However, I am satisfied that under clause 5 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 26 May 2025 and, in accordance with s 54, will operate from 2 June 2025. The nominal expiry date of the Agreement is 26 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, APT Management Services Pty Ltd trading as APA Group, sought approval of the APA Pilbara Energy Enterprise Agreement 2025. The respondent, the Australian Council of Trade Unions, opposed the application on various grounds, including that the agreement did not comply with the Fair Work Act 2009. The dispute arose from negotiations between the parties concerning employment terms and conditions for certain employees in the Pilbara region of Western Australia.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. The Commission considered whether the agreement was genuinely negotiated, if it contained the necessary provisions, and if it complied with the good faith bargaining obligations. The Commission also examined whether the agreement provided adequate protections for employees and whether it aligned with contemporary enterprise bargaining principles.

The Commission found that the agreement was genuinely negotiated and contained the necessary provisions. The parties had engaged in good faith bargaining, and the agreement was consistent with contemporary enterprise bargaining principles. The Commission was satisfied that the agreement provided appropriate protections for employees and met the legislative requirements for approval. Consequently, the application for approval was granted.

The Commission approved the APA Pilbara Energy Enterprise Agreement 2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission's decision provided clarity on the procedural and substantive requirements for enterprise agreements and reinforced the importance of good faith bargaining in the enterprise bargaining process.

APT Management Services Pty Ltd T/A APA Group

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established