APTS Pty Ltd

[2022] FWCA 1161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APTS Pty Ltd

(AG2022/685)

APTS Pty Ltd Workshop Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 APRIL 2022

Application for approval of the APTS Pty Ltd Workshop Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the APTS Pty Ltd Workshop Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by APTS Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 22 March 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model flexibility term

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 8 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, APTS Pty Ltd, represented by their legal counsel, applied for the approval of the APTS Pty Ltd Workshop Enterprise Agreement 2022. The agreement, which had been negotiated between the company and its employees, was contested by certain employee representatives. The primary nature of the dispute centred on various terms and conditions outlined within the agreement, with specific attention to clauses regarding wages, working hours, and employee benefits. The court was tasked with determining whether the agreement was fair and appropriate, considering the statutory requirements and principles of good faith bargaining.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. The court had to examine if the agreement met the criteria for 'simplification and clarification', and whether it provided for 'better off overall' compared to the previous terms. Furthermore, the court needed to assess if the agreement was the result of genuine negotiations between the parties and if it complied with the procedural requirements of the Act.

After thorough examination, the court found that the APTS Pty Ltd Workshop Enterprise Agreement 2022 did indeed meet the necessary statutory criteria. The agreement was considered to simplify and clarify the terms and conditions of employment, and it provided for a better overall outcome for the employees. The court also determined that the agreement had been genuinely negotiated between the parties and that all procedural requirements had been adhered to. Consequently, the court approved the agreement, finding it to be fair and appropriate under the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established