DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2016/6798)

UGL ENGINEERING PTY LTD STANWELL CORPORATION ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the UGL Engineering Pty Ltd Stanwell Corporation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UGL Engineering Pty Ltd Stanwell Corporation 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 UGL Engineering Pty Ltd. 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] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Engineering Pty Ltd applied to the Fair Work Commission for approval of the UGL Engineering Pty Ltd Stanwell Corporation Enterprise Agreement 2016. The respondents argued that the agreement was not in the best interests of the employees. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees it covered, considering factors such as the agreement's provisions, the bargaining process, and its overall fairness and effectiveness. The court also considered if the agreement complied with the Act's procedural requirements.

The Fair Work Commission found that the agreement was in the best interests of the employees. The Commission was satisfied that the bargaining process was fair, and the agreement provided for adequate pay and conditions. The Commission noted that the agreement included provisions for pay rates, leave entitlements, and other benefits, which were considered reasonable and fair. The court also determined that the agreement complied with the procedural requirements of the Act. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the UGL Engineering Pty Ltd Stanwell Corporation Enterprise Agreement 2016. The respondents' objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act 2009.

UGL Engineering 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