UGL Engineering Pty Ltd

[2013] FWCA 6501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2013/8788)

UGL ENGINEERING (TECHNOLOGY SYSTEMS) CLAYTON ENTERPRISE AGREEMENT 2013 - 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the UGL Engineering (Technology Systems) Clayton Enterprise Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the UGL Engineering (Technology Systems) Clayton Enterprise Agreement 2013 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by UGL Engineering Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 September 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Court was for the approval of the UGL Engineering (Technology Systems) Clayton Enterprise Agreement 2013 - 2014. The applicant was UGL Engineering Pty Ltd, and the respondent was the Australian Manufacturing Workers’ Union. The dispute centred on whether the terms of the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. The Court was required to determine if the agreement, which covered certain employees of UGL Engineering, met the statutory criteria for approval under the Act.

The legal issues for the Court to decide included whether the agreement contained all the required minimum terms, if it was free from prohibited content, and if it had been fairly negotiated. Additionally, the Court needed to consider if the agreement was in the best interests of the employees it covered, and if it was consistent with the objects of the Act. The Court was tasked with ensuring that the agreement did not undermine the right of employees to organise and bargain collectively.

The Court found that the Enterprise Agreement complied with the statutory requirements of the Fair Work Act. The Court was satisfied that the agreement contained all the required minimum terms, did not include prohibited content, and had been fairly negotiated. The Court also determined that the agreement was in the best interests of the employees and was consistent with the objects of the Act. Consequently, the Court approved the Enterprise Agreement, and the application was successful.

The final orders of the Court included the approval of the UGL Engineering (Technology Systems) Clayton Enterprise Agreement 2013 - 2014, with the terms and conditions as set out in the application. The Court also ordered that the agreement be registered with the Fair Work Commission, and that it would have effect from the date of the Court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established