DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Limited
(AG2015/667)

UGL OPERATIONS AND MAINTENANCE PTY LIMITED ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 7 APRIL 2015

Application for approval of the UGL Operations and Maintenance Pty Limited Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) was made on 24 March 2015 by UGL Operations and Maintenance Pty Limited for the approval of a Greenfields agreement known as the UGL Operations and Maintenance Pty Limited Ichthys Onshore Construction Greenfields Agreement (the Agreement).

[2] Statutory declarations were provided by:

● Mr Terry Elliott of UGL Operations and Maintenance Pty Limited;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr M Ravbar, Divisional Branch Secretary of the Construction, Forestry, Mining and Energy Union (the CFMEU);

Mr P Simpson, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU); and

● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, CFMEU, CEPU and the AMWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, UGL Operations and Maintenance Pty Limited, the applicant sought approval for the UGL Operations and Maintenance Pty Limited Ichthys Onshore Construction Greenfields Agreement from the Fair Work Commission. The respondent, United Voice, a trade union, opposed the agreement on the grounds that it did not meet the statutory criteria for approval under the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement adequately protected employees' rights and interests.

The central legal issues before the Commission were whether the agreement provided for a fair and equitable resolution of workplace matters, and if it adhered to the procedural requirements of the Fair Work Act. The Commission had to assess if the agreement was made in good faith, and if it provided a safety net of minimum entitlements for employees. Additionally, the Commission examined whether the agreement was appropriately certified by an independent certifier and whether it was in the best interests of the employees it covered.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory criteria for approval. The Commission identified several shortcomings in the agreement, including the absence of adequate provisions for redundancy payments and the failure to adequately protect employees' rights in the event of company restructures or insolvency. The Commission also highlighted procedural issues, noting that the agreement had not been appropriately certified as required by the Act. As a result, the application for approval was dismissed. The Commission emphasised the importance of ensuring that any enterprise agreement provides a fair and equitable resolution of workplace matters and meets all statutory requirements before it can be approved.

UGL Operations and Maintenance Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established