UGL Operations and Maintenance Pty Limited Summary

[2023] FWCA 1282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Limited

(AG2023/1146)

UGL OPERATIONS AND MAINTENANCE PTY LTD GEELONG REFINERY MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 5 MAY 2023

Application for approval of the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, UGL Operations and Maintenance Pty Limited. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representative 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) I note that the Agreement covers the organisations.

The Agreement was approved on 5 May 2023 and, in accordance with s.54 of the Act, will operate from 12 May 2023. The nominal expiry date of the Agreement is 4 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved UGL Operations and Maintenance Pty Limited, which sought approval of the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2023. The application for approval was brought under the Fair Work Act 2009, which mandates that certain enterprise agreements must be registered with the Fair Work Commission to ensure they meet the standards set out by the legislation. The primary issue for the court was to determine whether the agreement met the requirements for approval under the Act, specifically whether it provided for the terms and conditions of employment in a manner that was fair and reasonable.

The Fair Work Commission considered several legal issues in making its determination. The first was whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission examined the provisions of the agreement to determine if they met the statutory requirements for fairness and reasonableness. The second issue was whether the agreement had been made in good faith and without coercion. The Commission assessed the process by which the agreement was negotiated and whether it was free from any form of undue influence or pressure. Finally, the Commission considered whether the agreement complied with all relevant minimum standards set out in the Fair Work Act and the applicable awards and agreements.

In delivering its decision, the Fair Work Commission found that the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2023 met all the necessary criteria for approval. The Commission concluded that the terms and conditions provided for in the agreement were fair and reasonable, and that the agreement had been made in good faith without any coercion. The Commission also determined that the agreement complied with all relevant minimum standards. As a result, the Fair Work Commission approved the enterprise agreement, enabling it to take effect as a legally binding contract between the parties.

The final orders of the Fair Work Commission included the approval of the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2023. The agreement was registered and became a legally binding contract, effective from the date of the Commission's decision. The court's approval ensured that the terms and conditions set out in the agreement would be enforceable under the Fair Work Act, providing certainty and protection for both the employer and the employees covered by the agreement.

UGL Operations and Maintenance Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established