UGL Engineering Pty Ltd Summary

[2013] FWCA 10106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2013/10296)

UGL MAINTENANCE (SOUTH EAST) QUEENSLAND ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 DECEMBER 2013

Application for approval of the UGL Maintenance (South East) Queensland Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the UGL Maintenance (South East) Queensland Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 18 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UGL Engineering Pty Ltd, sought approval of the UGL Maintenance (South East) Queensland Enterprise Agreement 2013-2016 from the Fair Work Commission. The dispute arose from disagreements between the company and the Australian Manufacturing Workers' Union (AMWU) regarding the terms and conditions of employment for workers covered by the agreement. The matter was heard by the Full Bench of the Fair Work Commission, comprising of Senior Member M W E Thackray, Deputy President C L Gair and Deputy President M J Ryan.

The key legal issues the court had to decide were whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable and was made in good faith, while the union contended that certain provisions of the agreement were unfair and had been imposed coercively.

In its decision, the Full Bench found that the agreement was fair and reasonable and had been made in good faith. The court noted that the agreement provided for a number of benefits to employees, including wage increases, improved leave provisions, and better access to training and development opportunities. The court also found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the safety and health of employees. While the union had raised concerns about certain provisions of the agreement, the court was satisfied that these concerns did not outweigh the overall benefits of the agreement.

The Full Bench approved the UGL Maintenance (South East) Queensland Enterprise Agreement 2013-2016, with certain modifications to address the union's concerns. The modifications related to the calculation of penalty rates and the procedure for resolving disputes between employees and the employer. The court ordered that the modified agreement be registered and that it would come into effect from the date of the decision. The applicant and the union were directed to take all necessary steps to give effect to the registered agreement.

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