UGL Kaefer JV

[2013] FWCA 6435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Kaefer JV
(AG2013/2488)

UGL KAEFER, AWU ONSHORE MECHANICAL MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the UGL Kaefer, AWU Onshore 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 Onshore 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

UGL Kaefer JV applied to the Fair Work Commission for approval of the UGL Kaefer, AWU Onshore Mechanical Maintenance Services Enterprise Agreement 2013. The application followed an enterprise agreement meeting on 14 May 2013 between the applicant and the Australian Workers' Union (AWU). The applicant sought approval of the agreement under section 231 of the Fair Work Act 2009. The legal issues before the court were whether the agreement satisfied the requirements of section 230 of the Act, and if it was in the best interest of the employees.

The court considered whether the agreement had been made freely and voluntarily, without any element of duress or coercion. It also examined if the agreement contained the mandated provisions as stipulated in section 230 of the Act. Furthermore, the court was required to determine if the agreement was in the best interest of the employees and if it provided for fair and reasonable terms and conditions. The court found that the agreement met the requirements of section 230 of the Act and was in the best interest of the employees. The applicant had demonstrated that the agreement was made freely and voluntarily, and it contained the mandated provisions. The court was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees.

Accordingly, the court approved the UGL Kaefer, AWU Onshore Mechanical Maintenance Services Enterprise Agreement 2013 under section 231 of the Fair Work Act 2009. The court's decision was made on 19 November 2013, and the agreement was approved as of 1 May 2013. The final orders of the court included the approval of the enterprise agreement and the setting aside of any previous agreements that were inconsistent with the approved agreement. The court also ordered that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established