DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

UGL Operations and Maintenance Pty Limited T/A UGL
(AG2017/2626)

UGL OPERATIONS AND MAINTENANCE PTY LTD (CALTEX LYTTON REFINERY - QLD) UNION AGREEMENT 2013 - 2015

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2017

Application for termination of the UGL Operations and Maintenance Pty Ltd (Caltex Lytton Refinery - QLD) Union Agreement 2013 - 2015.

[1] On 30 June 2017, UGL Operations and Maintenance Pty Limited made an application to terminate the UGL Operations and Maintenance Pty Ltd (Caltex Lytton Refinery – QLD) Union Agreement 2013 - 2015 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 20 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves UGL Operations and Maintenance Pty Limited, trading as UGL, which applied to terminate the Union Agreement 2013-2015 between UGL and the relevant unions. The application was heard by the Fair Work Commission, which is tasked with regulating industrial relations matters in Australia. The unions opposed the application, arguing that UGL had not met the requirements for termination as stipulated in the Fair Work Act 2009.

The central legal issue before the Commission was whether UGL had established a genuine change in circumstances that warranted the termination of the Union Agreement. UGL contended that significant changes in the workforce, operational structure, and the business environment justified the termination. The unions argued that there had been no substantial changes to warrant the termination and that the application was more a reflection of UGL's desire to reduce union influence.

In assessing the application, the Commission considered the evidence presented by both parties regarding the changes in the workplace. It examined whether these changes constituted a significant alteration in the conditions of employment as per the criteria set out in the Fair Work Act. The Commission found that while some changes had occurred, they did not amount to a fundamental shift in the employment conditions that would justify the termination of the existing agreement. Consequently, the Commission dismissed UGL's application for termination, upholding the existing Union Agreement.

The Commission's decision was based on a thorough analysis of the evidence and the legal requirements for terminating an enterprise agreement. The final order was that UGL's application for termination of the Union Agreement 2013-2015 was dismissed. The agreement remained in effect, and UGL was required to continue to abide by its terms.

UGL Operations and Maintenance Pty Limited T/A UGL

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established