UGL FM Services Pty Ltd T/A DTZ, a UGL Company

[2014] FWCA 4375

FAIR WORK COMMISSION

DECISION

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

UGL FM Services Pty Ltd T/A DTZ, a UGL Company
(AG2014/1415)

UGL FM SERVICES - UNIVERSITY OF SOUTH AUSTRALIA (MINOR MAINTENANCE AND PORTERAGE) ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2014

Application for approval of the UGL FM Services - University of South Australia (Minor Maintenance and Porterage) Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the UGL FM Services - University of South Australia (Minor Maintenance and Porterage) Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL FM Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 13 June 2014.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2014. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL FM Services Pty Ltd, trading as DTZ, a UGL Company, applied to the Fair Work Commission for approval of the UGL FM Services - University of South Australia (Minor Maintenance and Porterage) Enterprise Agreement 2013-2015. The University of South Australia and its employees covered by the agreement opposed the application on the basis that the agreement was not in the best interests of the employees, as it did not provide for adequate minimum rates of pay and was not in line with relevant industry awards and agreements. The dispute was heard by Deputy President R S Ryan in the Fair Work Commission. The primary legal issues before the Deputy President were whether the agreement provided for minimum rates of pay that were no less favourable than the relevant awards and agreements, and whether the agreement was in the best interests of the employees. The Deputy President considered the provisions of the Fair Work Act 2009 and relevant awards and agreements in determining these issues.

The Deputy President found that while the agreement provided for minimum rates of pay that were generally in line with relevant awards and agreements, there were some instances where the rates were less favourable. However, the Deputy President concluded that the overall effect of the agreement was to provide for minimum rates of pay that were no less favourable than the relevant awards and agreements, and that the agreement was in the best interests of the employees. The Deputy President noted that the agreement provided for a number of benefits, including increased leave entitlements and the establishment of a dispute resolution procedure. The Deputy President also noted that the agreement had been negotiated in good faith and that the employees had been given an opportunity to vote on the agreement. The Deputy President approved the agreement, subject to certain modifications to ensure that the minimum rates of pay were no less favourable than the relevant awards and agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established