DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APT Management Services Pty Ltd T/A APT Group
(AG2018/6094)

APA TRANSMISSION PIPELINES (NSW, VIC & SA EXCL. MOOMBA) ENTERPRISE AGREEMENT 2018

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the APA Transmission Pipelines (NSW, VIC & SA excl. Moomba) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the APA Transmission Pipelines (NSW, VIC & SA excl. 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 APT 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and The Australian Workers’ Union 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

APT Management Services Pty Ltd, trading as the APT Group, sought approval of a new enterprise agreement from the Fair Work Commission. The dispute arose from the terms and conditions proposed in the APA Transmission Pipelines (NSW, VIC & SA excl. Moomba) Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the procedural requirements for enterprise agreements under the Fair Work Act. The Commission had to consider the fairness of the proposed terms, the process by which the agreement was made, and the compliance with any relevant provisions of the Act.

In examining the application, the Commission assessed the fairness of the proposed agreement's terms, the process by which the agreement was negotiated, and compliance with the legislative requirements. The Commission found that the agreement was fair and reasonable, having been negotiated in good faith and meeting the procedural prerequisites. It was determined that the proposed agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, thus meeting the requirements for approval under the Act.

The Fair Work Commission approved the APA Transmission Pipelines (NSW, VIC & SA excl. Moomba) Enterprise Agreement 2018, determining it met the necessary statutory criteria for fairness and procedural correctness. The approval of the agreement was effective from the date specified in the application, establishing the terms and conditions for the employees covered by the agreement.

APT Management Services Pty Ltd T/A APT Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established