DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APTS Pty Ltd
(AG2021/6658)

APTS PTY LTD INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 23 AUGUST 2021

Application for approval of the APTS Pty Ltd Industrial Services Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the APTS Pty Ltd Industrial Services Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APTS Pty Ltd (Employer). 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2021. The nominal expiry date of the Agreement is 22 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, APTS Pty Ltd applied for approval of the APTS Pty Ltd Industrial Services Enterprise Agreement 2021-2025. The applicant argued that the agreement was suitable for approval under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly in relation to the terms and conditions it established for employees.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable outcome for all parties, and whether it complied with the statutory requirements for approval. Key considerations were whether the agreement contained all mandated terms, adhered to minimum wage standards, and did not unfairly disadvantage any party.

The Commission found that the agreement was compliant with the statutory requirements and provided a fair and reasonable outcome for employees. It determined that the agreement included all mandated terms and adhered to minimum wage standards. The Commission approved the agreement, recognising its balanced approach to the interests of both the employer and the employees.

The Fair Work Commission approved the APTS Pty Ltd Industrial Services Enterprise Agreement 2021-2025, affirming its compliance with the statutory requirements and its fairness to all parties involved.

APTS Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established