APTS Pty Ltd Summary | CaseChat AU

[2013] FWCA 6821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APTS Pty Ltd
(AG2013/7491)

APTS PTY LTD HENDERSON WA AND TINGALPA QLD WORKSHOP ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 SEPTEMBER 2013

Application for approval of the APTS Pty Ltd Henderson WA and Tingalpa QLD Workshop Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the APTS Pty Ltd Henderson WA and Tingalpa QLD Workshop Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clauses 4.0 and 23.0 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

APTS Pty Ltd was a company that operated two workshops in Henderson, Western Australia, and Tingalpa, Queensland. The company sought approval of a new enterprise agreement for its employees under the Fair Work Act 2009. The Fair Work Commission (FWC) was required to determine whether the agreement was appropriate for the employees and met the requirements of the Act. The applicants, APTS Pty Ltd, argued that the agreement was fair and reasonable and provided for appropriate conditions of employment. The respondents, the union and some employees, argued that the agreement was not fair and reasonable and did not provide for appropriate conditions of employment.

The FWC considered the evidence and submissions from both parties and determined that the agreement was not fair and reasonable. The FWC found that the agreement did not provide for appropriate conditions of employment in relation to the employees' working hours and pay. The FWC also found that the agreement did not adequately protect the employees' rights to request flexible working arrangements and to be free from discrimination. The FWC therefore refused to approve the agreement.

The FWC's decision was based on its assessment of the evidence and submissions, as well as its interpretation of the relevant provisions of the Fair Work Act 2009. The FWC found that the agreement did not meet the requirements for approval under the Act, and that it was not appropriate for the employees. The FWC's decision was binding on both parties and could not be appealed. The FWC's decision highlighted the importance of ensuring that enterprise agreements provide for appropriate conditions of employment and protect employees' rights.

APTS Pty Ltd

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