Aptiix Pty Ltd
[2025] FWCA 121
•14 JANUARY 2025
| [2025] FWCA 121 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Aptiix Pty Ltd
(AG2024/4988)
APTIIX PTY LTD GAS PLANT MECHANICAL MAINTENANCE SERVICES AGREEMENT 2025
| Oil and gas industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 14 JANUARY 2025 |
Application for approval of the Aptiix Pty Ltd Gas Plant Mechanical Maintenance Services Agreement 2025
An application has been made for approval of a greenfields agreement known as the Aptiix Pty Ltd Gas Plant Mechanical Maintenance Services Agreement 2025 (Agreement). The application was made by Aptiix Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).
The Agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (the NES):
· Clause 23.2: Personal Leave
However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with United Workers’ Union and that the Agreement covers the organisation.
The Agreement lodged contained a cross-referencing error at clauses 7.2(2) and 7.2(10). On 2 January 2025, Aptiix Pty Ltd filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2025. The nominal expiry date of the Agreement is 31 December 2027.
COMMISSIONER
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