| [2025] FWCA 33 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Aptiix Pty Ltd
(AG2024/5006)
APTIIX PTY LTD & ETU GREENFIELDS ENTERPRISE AGREEMENT 2024 – 2025
| Manufacturing and associated industries | |
| COMMISSIONER REDFORD | MELBOURNE, 6 JANUARY 2025 |
Application for approval of the Aptiix Pty Ltd & ETU Greenfields Enterprise Agreement 2024 – 2025
An application has been made for approval of an enterprise agreement known as the Aptiix Pty Ltd & ETU Greenfields Enterprise Agreement 2024 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aptiix Pty Ltd.
The Employer has provided written undertakings. A copy of the undertaking is attached at 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. The undertakings are taken to be a term of the Agreement.
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. Noting the undertakings referred to above, I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), is 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 as required by s 187(5)(b).
Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the ETU and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 days after the date of approval.
COMMISSIONER
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ANNEXURE A
- AGLC
- Aptiix Pty Ltd [2025] FWCA 33
- Case
- [2025] FWCA 33
- Decision Date
CaseChat Overview and Summary
The central legal issue for the Commission was whether the proposed EBA met the statutory requirement of being "better-off-overall" for employees. This involved assessing the financial and non-financial terms of the agreement against the current conditions to determine if the new terms provided an overall improvement. The Commission also considered whether the agreement complied with the procedural requirements set out in the Fair Work Act.
The Commission examined the financial components of the proposed agreement, including wages, allowances, and other entitlements. It found that the proposed EBA did indeed provide employees with increased wages and other benefits, which, when considered in totality, resulted in a BOOT. The Commission was satisfied that the agreement complied with the procedural requirements, including the appropriate consultation processes and the inclusion of necessary details. Consequently, the Commission approved the agreement, finding that it met the statutory requirements under the Fair Work Act.
In approving the agreement, the Commission made orders that the Aptiix Pty Ltd & ETU Greenfields Enterprise Agreement 2024-2025 be approved as a registered agreement under the Fair Work Act. This decision confirmed that the proposed terms provided employees with sufficient financial and non-financial benefits to qualify as a BOOT and met all procedural requirements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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