APTS Pty Ltd

[2018] FWCA 688

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

APTS Pty Ltd

(AG2017/3894)

APTS Pty Ltd Workshop Enterprise Agreement 2017- 2021

Manufacturing and associated industries
Commissioner Johns	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the APTS Pty Ltd Workshop Enterprise Agreement 2017 - 2021.

On 30 August 2017 APTS Pty Ltd (Applicant) made an application for approval of the APTS Pty Ltd Workshop Enterprise Agreement 2017 - 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 February 2018. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

APTS Pty Ltd, the applicant, sought approval of the APTS Pty Ltd Workshop Enterprise Agreement 2017-2021 from the Fair Work Commission. The dispute centred around the agreement's provisions concerning the classification and remuneration of employees within the company's workshop. The application was heard and determined by the Fair Work Commission, which holds the jurisdiction to approve such enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the agreement complied with the statutory requirements for approval, particularly whether they met the "better off overall test" and did not unfairly discriminate against any employee. Additionally, the Commission needed to determine if the agreement adequately covered all necessary provisions and adhered to the Fair Work Act's procedural requirements for approval.

In its reasoning, the Commission examined the submissions from both parties, scrutinising the proposed classification and pay rates outlined in the agreement. The Commission concluded that the agreement did meet the better off overall test, as the overall package of pay and conditions offered to employees was favourable. The Commission also found that the agreement did not unfairly discriminate against any employee and that it complied with all procedural requirements for approval. Consequently, the Commission approved the APTS Pty Ltd Workshop Enterprise Agreement 2017-2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established