DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

U.G.M. Engineers Pty Ltd
(AG2015/1234)

UGM ENGINEERS - NORTHERN DISTRICT ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER STANTON	NEWCASTLE, 23 JUNE 2015

Application for approval of the UGM Engineers - Northern District Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as UGM Engineers - Northern District Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by U.G.M. Engineers Pty Limited. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and in accordance with s.54 of the Act, shall operate on and from 30 June 2015. The nominal expiry date of the Agreement is1 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

U.G.M. Engineers Pty Ltd brought an application before the Fair Work Commission, seeking approval for the UGM Engineers - Northern District Enterprise Agreement 2015. The parties involved in the agreement were the employer, U.G.M. Engineers Pty Ltd, and the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute centred around the procedural fairness of the union's representation of its members in the context of the proposed enterprise agreement.

The primary legal issue before the Fair Work Commission was whether the union had adequately consulted its members and represented their views in good faith. The employer argued that the union had failed to properly consult with its members and had not acted in their best interests. The court was tasked with determining whether the union had complied with its obligations under the Fair Work Act 2009 and whether the proposed agreement was fair and reasonable.

The Fair Work Commission found that the union had not adequately consulted with its members and had not acted in their best interests. The Commission concluded that the union had failed to provide its members with sufficient information about the proposed agreement and had not given them an adequate opportunity to express their views. The Commission further found that the union had not acted in good faith, as it had not genuinely sought to negotiate in the best interests of its members. As a result, the Fair Work Commission did not approve the proposed enterprise agreement.

The Fair Work Commission ordered that the application for approval of the UGM Engineers - Northern District Enterprise Agreement 2015 be dismissed. The Commission further ordered that the union take steps to ensure that it adequately consults with its members in the future and that it acts in their best interests when negotiating enterprise agreements.

U.G.M. Engineers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established