APMS OPERATIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025

Application for approval of the APMS Operations Australia Pty Ltd Enterprise Agreement 2025

[1] Apms Operations Australia Pty Ltd Trading As Apms Operation (the Applicant) has made an application for the approval of an enterprise agreement known as the APMS Operations Australia Pty Ltd Enterprise Agreement 2025 the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

• Maximum weekly hours: Clause 9.9 of the Agreement implies that employees can work a maximum of 45 weekly hours. This may be inconsistent with s 62 of the Act.

• Reasonable additional hours: Clauses 9.2 and 9.10 of the Agreement state that the Company may require an employee to work a reasonable amount of overtime. These clauses may not consider the factors in s 62(3) of the Act, and it also appears the clause does not provide employees the opportunity to refuse working additional hours in consideration of the factors as per s.62(2) of the Act.

• Deductions: Clause 23.8 of the Agreement states that where the employee fails to provide the required notice, the Company may deduct from any monies owing an amount equivalent to the notice not provided. This provision does not appear to limit the source of monies which may be deducted. This clause appears to permit the employer to deduct employee's entitlements under the NES (such as notice of , accrued but unused annual leave or long service leave on termination). This provision may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

• Public Holidays: Clause 19.1 of the Agreement appears to contain all current public holidays. However, it does not appear to provide for any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, as per s 115(1)(b) of the Act.

[6] However, I am satisfied that under clause 3.4 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[8] The Agreement was approved on 4 December 2025 and, in accordance with s 54, will operate from 11 December 2025. The nominal expiry date of the Agreement is 4 December 2028.

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