DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

UGL Operations and Maintenance P/L
(AG2016/1377)

UGL OPERATIONS AND MAINTENANCE PTY LTD REGIONAL QUEENSLAND AND WORKSHOP FACILITIES AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JUNE 2016

Application for variation of the UGL Operations and Maintenance Pty Ltd Regional Queensland and Workshop Facilities Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Regional Queensland and Workshop Facilities Agreement 2013 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by UGL Operations and Maintenance P/L. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[3] The variation to the Agreement is attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 1 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved UGL Operations and Maintenance Pty Ltd, the applicant, seeking a variation of the Regional Queensland and Workshop Facilities Agreement 2013. The dispute arose over the interpretation and application of specific terms within the agreement. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issues centred on whether certain provisions of the agreement allowed for the requested variations and if the applicant had met the necessary criteria for such changes. The applicant argued that the variations were justified under the terms of the agreement, while the respondent contended that the requested changes were not permissible without additional consent.

The Tribunal carefully considered the language of the agreement, the intentions of the parties, and the precedents set by similar agreements. It was determined that while the agreement contained provisions for amendments, the specific changes sought by the applicant did not align with the criteria set forth. The Tribunal concluded that the applicant had not satisfied the necessary conditions to permit the variations as requested. The Tribunal's decision was grounded in the strict interpretation of the agreement's terms and the principle that any changes must be clearly authorised by the document itself.

As a result, the application for variation was dismissed. The Tribunal emphasised the importance of adhering to the terms of the agreement and the necessity for clear and explicit authorisation for any amendments. This decision serves as a reminder for parties to carefully scrutinise the terms of their agreements and to seek formal consent when modifications are necessary. The Tribunal's ruling ensures that the integrity of the original agreement is preserved, and any changes must be clearly supported by the document itself.

UGL Operations and Maintenance P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established