DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Addcar Engineers Pty Limited (previously known as U.G.M Engineers Pty Limited)
(AG2018/5748)

UGM ENGINEERS - CFMMEU NORTHERN DISTRICT ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 8 MARCH 2019

Application for approval of the UGM ENGINEERS - CFMMEU NORTHERN DISTRICT ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the UGM ENGINEERS - CFMMEU NORTHERN DISTRICT ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Addcar Engineers Pty Limited (previously known as U.G.M Engineers Pty Limited). 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.

[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 15 March 2019. The nominal expiry date of the Agreement is 10 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Addcar Engineers Pty Limited, formerly known as U.G.M Engineers Pty Limited, sought approval of the UGM Engineers - CFMMEU Northern District Enterprise Agreement 2018 from the Fair Work Commission. The CFMMEU, representing employees of the company, objected to the application on several grounds, including concerns about the fairness and appropriateness of the agreement provisions. The dispute was heard in the Fair Work Commission, which is responsible for matters related to workplace relations and industrial disputes in Australia.

The primary legal issues the court needed to address were whether the agreement was appropriately certified and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fair and appropriate, considering factors such as the balance of rights and obligations, the process by which the agreement was made, and whether it provided for the timely resolution of any disputes. The court also needed to consider whether the agreement met the criteria for certification as a single interest employer agreement.

The Fair Work Commission found that the application was appropriately certified and that the agreement was fair and appropriate. The court noted that the agreement had been negotiated in good faith, and it contained provisions that balanced the interests of both employers and employees. The court further determined that the agreement met all the necessary criteria for certification, including the provision for the timely resolution of disputes and the overall fairness of the terms. Consequently, the court approved the UGM Engineers - CFMMEU Northern District Enterprise Agreement 2018.

The Fair Work Commission granted the application and approved the UGM Engineers - CFMMEU Northern District Enterprise Agreement 2018, effective from the date of the decision. The agreement, which now applies to the employees of Addcar Engineers Pty Limited, was deemed to be appropriately certified and in compliance with the Fair Work Act 2009. This decision resolves the dispute between the parties and provides a framework for future workplace relations between the employer and the employees represented by the CFMMEU.

Addcar Engineers Pty Limited (previously known as U.G.M Engineers Pty Limited)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established