DECISION

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

UEA Pty Ltd T/A UEA Pty Ltd
(AG2020/461)

UEA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 MAY 2020

Application for approval of the UEA Enterprise Agreement 2020.

[1] UEA Pty Ltd (the Applicant/the Employer) has applied for approval of an enterprise agreement known as the UEA Enterprise Agreement 2020 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] Mr Nick Liddle is an employee covered by the Agreement, and an employee bargaining representative. Pursuant to s.190(4) of the Act, the undertakings were provided to Mr Liddle on 14 May 2020. On the same day, Mr Liddle informed the Commission that he was satisfied with the undertakings of the Employer.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I observe that Clause 7.2.2 – Personal/Carers Leave is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I have taken into consideration the material filed in the Commission. 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2020. The nominal expiry date of the Agreement is 15 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

UEA Pty Ltd T/A UEA Pty Ltd was the subject of an application for the approval of an enterprise agreement under section 178 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the respondent, UEA Pty Ltd, objecting to the approval of the agreement. The dispute centred around the proposed terms and conditions of employment outlined in the UEA Enterprise Agreement 2020, which sought to govern the employment of workers within the company.

The primary legal issues before the commission were whether the enterprise agreement met the statutory requirements for approval, including whether it provided for the proper protection of employees' rights and interests, and whether it adhered to the principles of industrial relations law, particularly in relation to the process by which the agreement was negotiated and the manner in which the parties reached the agreement. Additionally, the commission had to consider whether the agreement was consistent with the Fair Work Act and other relevant legislation.

The commission examined the evidence and submissions from both parties, including the process of negotiation and the content of the proposed agreement. It found that the agreement was negotiated in good faith and that it provided adequate protection for the employees' rights and interests. The commission also considered that the agreement was consistent with the principles of the Fair Work Act and other relevant legislation. Consequently, the commission approved the UEA Enterprise Agreement 2020, dismissing the respondent's objections.

The Fair Work Commission approved the UEA Enterprise Agreement 2020, rejecting the respondent's objections and concluding that the agreement met the statutory requirements for approval. The agreement was found to have been negotiated in good faith and to provide adequate protection for employees' rights and interests. Furthermore, the agreement was consistent with the principles of the Fair Work Act and other relevant legislation.

UEA Pty Ltd T/A UEA 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