UGL Kaefer JV

[2013] FWCA 6437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Kaefer JV
(AG2013/2490)

UGL KAEFER, AWU OFFSHORE MECHANICAL MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the UGL Kaefer, AWU Offshore Mechanical Maintenance Services Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the UGL Kaefer, AWU Offshore Mechanical Maintenance Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Kaefer JV (the Applicant).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 23 August 2013.

[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 Australian Workers’ Union, being the bargaining representative for the Agreement, has 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 the organisation.

[5] The Fair Work Commission notes that attached to the Agreement is a Memorandum of Understanding (MoU) relating to contractors and subcontractors engaged on Esso sites by the Applicant. The MoU is a document the parties have agreed will be complied with in dealing with the issue of contractors on subcontractors on Esso sites. A copy of the MoU is annexed to this decision.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 April 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, UGL Kaefer JV, sought approval of the UGL Kaefer, AWU Offshore Mechanical Maintenance Services Enterprise Agreement 2013. The applicant aimed to ensure that the terms and conditions of employment for the workers covered by the agreement were legally binding and enforceable. The Australian Workers’ Union was the other party involved in the application.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the process through which the agreement was negotiated and formed was fair and appropriate. The Commission examined if the agreement contained all the mandated minimum terms and conditions, and if the process of its creation was compliant with procedural fairness.

After thorough consideration, the Commission found that the agreement did indeed meet all the statutory requirements for approval. The Commission was satisfied that the agreement contained all necessary minimum terms and that the process through which it was negotiated was fair and appropriate. The Commission noted that the union had adequately represented the employees throughout the bargaining process, and the employer had engaged in good faith negotiations. Consequently, the application was approved, and the agreement was registered.

The Fair Work Commission approved the UGL Kaefer, AWU Offshore Mechanical Maintenance Services Enterprise Agreement 2013 and ordered its registration. This decision ensures that the terms of employment for the workers are legally binding and provides a framework for future industrial relations within the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established