UGL Operations and Maintenance Pty Limited T/A UGL Summary

[2023] FWCA 2061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Limited T/A UGL

(AG2023/2093)

UGL DEFENCE FUELS OPERATIONS GREENFIELDS AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 JULY 2023

Application for approval of the UGL Defence Fuels Operations Greenfields Agreement 2023

An application has been made for approval of a greenfields enterprise agreement to be known as the UGL Defence Fuels Operations Greenfields Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGL Operations and Maintenance Pty Limited. The Agreement is a single enterprise agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2023. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance Pty Limited, trading as UGL, applied for the approval of the UGL Defence Fuels Operations Greenfields Agreement 2023. This application was brought before the Fair Work Commission, with the Australian Council of Trade Unions (ACTU) and the Defence Industry Group of Companies (DIGC) also involved. The agreement in question pertains to the terms and conditions of employment for employees in UGL's Defence Fuels Operations at Greenfields, including wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections related to the approval of enterprise agreements. The Commission needed to consider whether the agreement was in the public interest, did not discriminate against certain employees, and had been fairly and genuinely negotiated. The parties also debated whether the proposed agreement complied with the existing minimum standards and whether it provided adequate protections for employees.

The Commission examined the evidence and submissions from both sides, focusing on the negotiation process, the terms of the agreement, and its implications for the employees and the broader public interest. After considering the arguments and the provisions of the agreement, the Commission concluded that the UGL Defence Fuels Operations Greenfields Agreement 2023 met the necessary criteria for approval. The agreement was deemed to be in the public interest, did not unfairly discriminate, and had been genuinely negotiated. Consequently, the Commission approved the agreement, which will now form the basis of the employment conditions for the relevant employees.

The Commission's decision included a detailed analysis of the agreement's provisions and the evidence presented. The final orders confirmed the approval of the UGL Defence Fuels Operations Greenfields Agreement 2023, effective from the date of the decision, and directed the parties to take necessary steps to implement the agreement and inform their employees of the outcome.

UGL Operations and Maintenance Pty Limited T/A UGL

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established