DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Limited
(AG2016/2485)

UGL OFFSHORE ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 8 APRIL 2016

Application for approval of the UGL Offshore Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UGL Offshore Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Operations and Maintenance Pty Limited. The Agreement is a single enterprise agreement.

[2] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 April 2016 and, in accordance with s.54, will operate from 15 April 2016. The nominal expiry date of the Agreement is 8 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations and Maintenance Pty Limited applied for the approval of the UGL Offshore Enterprise Agreement 2015. The applicants sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would allow it to apply to their employees who are not party to the agreement. The respondents, including various unions, opposed the approval on the basis that the agreement did not meet certain statutory requirements.

The central issue before the Commission was whether the agreement satisfied the legal criteria for approval, including whether it was genuinely negotiated, contained the necessary minimum terms, and was free from any unlawful content. A further issue was whether the application process complied with the procedural requirements set out in the Fair Work Act. The Commission needed to determine if the agreement met the necessary standards for registration and if the application itself was valid.

The Commission found that the agreement contained all the required minimum terms and was genuinely negotiated between the parties. It was satisfied that the application process adhered to the statutory procedures. The Commission approved the agreement, finding that it was compliant with the Fair Work Act. The Commission noted that while some minor issues were raised by the respondents, these did not undermine the overall validity and genuine negotiation of the agreement.

The final order was that the UGL Offshore Enterprise Agreement 2015 be approved and registered as a registered agreement under the Fair Work Act. The approval was subject to the conditions set out in the agreement and any other applicable laws.

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