UAM Pty Ltd

[2013] FWCA 4864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UAM Pty Ltd
(AG2013/6928)

UAM WESTERN AUSTRALIA FIELD STAFF ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 JULY 2013

Application for approval of the UAM Western Australia Field Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UAM Western Australia Field Staff Enterprise Agreement 2013 (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] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[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 three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved UAM Pty Ltd, who sought approval of the UAM Western Australia Field Staff Enterprise Agreement 2013. The Fair Work Commission was asked to assess the agreement and determine whether it should be certified as a modern award. The agreement in question was entered into between UAM Pty Ltd and the United Mine Workers of Australia, representing the field staff employees. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the provisions related to wages, conditions, and dispute resolution mechanisms.

The legal issues before the court required a thorough examination of the agreement's provisions to determine if they met the necessary standards set forth by the Fair Work Act. Key considerations included whether the agreement provided for fair and reasonable terms, whether it facilitated good faith bargaining, and whether it complied with procedural fairness and other statutory requirements. The court was tasked with ensuring that the agreement was not only beneficial to the employees but also reasonable for the employer, and that it adhered to the overarching principles of industrial relations law.

In rendering its decision, the court found that the agreement did indeed meet the necessary criteria. The court highlighted that the agreement contained provisions that were fair and reasonable for both the employees and the employer, including adequate wage increases, improved working conditions, and an effective dispute resolution mechanism. The court also noted that the negotiation process demonstrated good faith bargaining, with both parties actively engaging in discussions to reach a mutually acceptable agreement. Consequently, the court approved the UAM Western Australia Field Staff Enterprise Agreement 2013, certifying it as a modern award under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established