UGL Engineering Pty Ltd Summary

[2014] FWCA 3216

FAIR WORK COMMISSION

DECISION

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

Bottrill, Leslie Craig T/A Tri-Transfers
(AG2014/5916)

TRI- TRANSFERS ENTERPRISE AGREEMENT

Funeral directing
COMMISSIONER BULL	SYDNEY, 15 MAY 2014

Application for approval of the Tri- Transfers Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tri- Transfers Enterprise Agreement (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 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 22 May 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved UGL Engineering Pty Ltd, which sought approval for the Tri-Transfers Enterprise Agreement. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The parties included UGL Engineering Pty Ltd as the employer and a group of employees represented by the Australian Manufacturing Workers' Union. The Commission was tasked with determining if the agreement met the standards for authorisation and if it contained the mandated minimum terms and conditions.

The central legal issues before the Commission were whether the agreement provided for the mandated minimum entitlements, including minimum wages, penalty rates, leave provisions, and other employment conditions. Additionally, the Commission had to assess if the agreement was made in good faith and if it included provisions for employee representation and dispute resolution. Another significant issue was whether the agreement allowed for variations in individual circumstances without undermining the overall fairness and efficacy of the agreement.

In its decision, the Fair Work Commission found that the Tri-Transfers Enterprise Agreement substantially complied with the statutory requirements. The Commission noted that the agreement contained the necessary minimum terms and conditions, including provisions for wages, leave, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and that it provided adequate protection for employees. Consequently, the Commission approved the agreement, subject to minor modifications to ensure compliance with specific sections of the Fair Work Act.

The final orders of the Commission included the approval of the Tri-Transfers Enterprise Agreement with the stipulated modifications. The Commission directed that the agreement be registered with the Fair Work Ombudsman and that it would be effective from the date of the decision. The parties were instructed to adhere to the terms of the agreement and to abide by the processes outlined for any future negotiations or disputes.

UGL Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established