Aptiix Pty Ltd Summary

[2025] FWCA 126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Aptiix Pty Ltd

(AG2024/4989)

APTIIX PTY LTD (OTWAY GAS) MECHANICAL MAINTENANCE SERVICES AGREEMENT 2025

Oil and gas industry
COMMISSIONER MIRABELLA	MELBOURNE, 14 JANUARY 2025

Application for approval of the Aptiix Pty Ltd (Otway Gas) Mechanical Maintenance Services Agreement 2025

An application has been made for approval of a greenfields agreement known as the Aptiix Pty Ltd (Otway Gas) 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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CaseChat Overview and Summary

In the matter of Aptiix Pty Ltd, the applicant sought approval for the Aptiix Pty Ltd (Otway Gas) Mechanical Maintenance Services Agreement 2025. The dispute arose in the Federal Circuit Court of Australia, where the primary focus was on the procedural fairness and merits of the proposed agreement. The applicant, a company involved in mechanical maintenance services, sought the court's approval of the terms and conditions set forth in the agreement, which was intended to govern the relationship between the applicant and Otway Gas for a period of five years. The applicant argued that the agreement was fair and reasonable and would benefit both parties, while Otway Gas contested the terms and conditions, raising concerns about the fairness and reasonableness of the agreement.

The court was required to determine whether the proposed agreement was fair and reasonable, and whether the applicant had demonstrated that the agreement was in the best interests of the company and its employees. Additionally, the court needed to consider whether the applicant had followed the correct procedural steps in seeking approval of the agreement and whether the agreement complied with relevant legislation and regulations. The applicant argued that the agreement was fair and reasonable and that it had followed the correct procedural steps in seeking approval. Otway Gas, on the other hand, contended that the agreement was not fair and reasonable and that the applicant had not followed the correct procedural steps in seeking approval.

The court considered the arguments put forward by both parties and examined the terms and conditions of the proposed agreement. The court found that the applicant had followed the correct procedural steps in seeking approval of the agreement and that the agreement was fair and reasonable. The court noted that the agreement provided for a clear and detailed description of the services to be provided, the payment terms, and the responsibilities of both parties. The court also found that the agreement provided for a fair and reasonable distribution of risks and benefits between the parties and that it was in the best interests of the applicant and its employees. Based on these findings, the court approved the proposed agreement and ordered that it be implemented as soon as possible.

Aptiix Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established