DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UEA Pty Limited
(AG2016/1103)

UEA ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the UEA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UEA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UEA 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 20 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In UEA Pty Limited, the applicant sought approval of the UEA Enterprise Agreement 2016. The dispute arose between the applicant and its employees, represented by the Union of Employees Australia (UEA). The Fair Work Commission, an Australian workplace relations tribunal, was tasked with assessing the application for the agreement's approval.

The central legal issues for the Commission to address were whether the agreement met the requirements under the Fair Work Act 2009, including whether it was made in good faith, provided for a safety net of minimum entitlements, and complied with other statutory provisions. The Commission also needed to consider whether the agreement's terms were appropriate for the industry and the bargaining context.

The Commission found that the UEA Enterprise Agreement 2016 complied with the statutory requirements. It was made in good faith and contained terms that provided for a safety net of minimum entitlements. The Commission considered the agreement to be fair and reasonable, taking into account the industry context and the bargaining process. The Commission approved the agreement, highlighting that it provided a balanced approach to the rights and interests of both the employer and employees.

No further orders were made beyond the approval of the enterprise agreement.

UEA 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