DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UBOS Australia Pty Ltd
(AG2018/3011)

UBOS ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2018

Application for approval of the UBOS Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the UBOS Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UBOS Australia Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved UBOS Australia Pty Ltd and the Australian Manufacturing Workers' Union, with the Fair Work Commission adjudicating on the application for approval of the UBOS Enterprise Agreement 2018-2022. The dispute centred on whether the proposed agreement met the statutory requirements for fair and reasonable terms and conditions, including minimum wage rates, leave entitlements, and other employment standards as set by the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the relevant legislative provisions, including the minimum wage rates and conditions stipulated by the Fair Work Act. The Commission also had to consider whether the agreement was appropriately negotiated and whether it provided for the necessary procedural fairness to the employees.

In determining the matter, the Commission examined the negotiation process, the content of the agreement, and its compliance with the statutory requirements. The Commission noted that the agreement had been negotiated in good faith and covered a broad range of terms and conditions, including provisions for minimum wage rates and leave entitlements. The Commission concluded that the agreement was fair and reasonable, and met the statutory requirements for approval. The Commission also found that the agreement provided for procedural fairness to the employees and was appropriately negotiated.

Accordingly, the Commission approved the UBOS Enterprise Agreement 2018-2022, effective from the date of the decision. The agreement was to apply to the employees of UBOS Australia Pty Ltd covered by the agreement and would remain in force until the next scheduled review or until terminated in accordance with its provisions.

UBOS Australia 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