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[2013] FWCA 1509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APTS Pty Ltd
(AG2013/4409)

AUSTRALIAN PRESSURE TESTING SERVICES PTY LTD AN3 PROJECT ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 MARCH 2013

Application for approval of the Australian Pressure Testing Services Pty Ltd AN3 Project Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pressure Testing Services Pty Ltd AN3 Project Enterprise Agreement 2012 (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[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 two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, APTS Pty Ltd applied for the approval of the Australian Pressure Testing Services Pty Ltd AN3 Project Enterprise Agreement 2012. The application involved the determination of the terms and conditions of employment for the employees of APTS Pty Ltd who were covered by the proposed agreement. The legal issues at hand revolved around whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on whether it provided for fair and reasonable terms that facilitated the operation of a fair and efficient workplace. Additionally, the court had to consider if the agreement had been genuinely negotiated between the employer and the employees, as well as whether it complied with the minimum terms and conditions outlined in the relevant awards and the National Employment Standards.

The Commission examined the evidence provided by both parties, taking into account the negotiations that had taken place and the context in which the agreement was formed. The applicant argued that the proposed agreement was a result of genuine negotiations and was fair and reasonable for the employees. The Commission considered the provisions of the agreement, including wages, hours of work, and other terms and conditions, and assessed whether they were consistent with the objectives of the Fair Work Act 2009. The Commission also evaluated whether the agreement provided for adequate protections for the employees and whether it was consistent with the relevant awards and the National Employment Standards.

After carefully considering the evidence and arguments presented, the Commission found that the proposed agreement was fair and reasonable for the employees, as it provided for adequate protections and terms that facilitated the operation of a fair and efficient workplace. The Commission noted that the agreement had been genuinely negotiated between the parties and was consistent with the objectives of the Fair Work Act 2009. The Commission approved the Australian Pressure Testing Services Pty Ltd AN3 Project Enterprise Agreement 2012, as it met the requirements of the Act and provided for fair and reasonable terms and conditions for the employees. This decision was made in accordance with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

APTS Pty Ltd

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Background to the litigation

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Legal Principle Established