UGL Operations and Maintenance Pty Ltd

[2020] FWCA 5318

[2020] FWCA 5318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2020/1986)

UMA WA MAINTENANCE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 6 OCTOBER 2020

Application for approval of the UMA WA Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the UMA WA Maintenance Enterprise Agreement 2020 (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 Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the Unions) have requested and were provided with copies of the Form F16-Application for approval of an enterprise agreement and the Form F17-Employer’s declaration in support of an application for approval of an enterprise agreement in redacted form to protect personal information.

[3] Subsequently the Unions made an application to make submissions regarding the approval application, recognising neither were bargaining representative involved in the negotiation of the Agreement. The Unions provided a joint written submission in support of them being heard and regarding objections they have to the Agreement being approved by the Commission.

[4] It is submitted that the Unions have an interest in the Agreement because its scope covers industries in which they and their members have an interest and it is probable in future they will have members covered by the Agreement. The Unions submit the Commission should exercise its discretion under s.590 of the Act and allow them to be heard in this matter.

[5] The Applicant objects to the Unions being heard in this matter and submit that while the Unions may have their own interests in the industries with respect to future members who might become employed by the Applicant, there is no evidence that will necessarily occur. While it might be that the Unions can bring expertise to the table on BOOT and/or NES issues, the Unions raise nothing which is otherwise persuasive in terms of being a “contradictor” for BOOT or other NES purposes. Rather, the circumstances of this case are also no different to many other cases. The Commission is a specialist Tribunal with intimate familiarity with all aspects of the relevant underpinning Awards and the Act. In the circumstances there seems to be no particular reason in this case for the Commission to need any particular additional assistance from them.

[6] With respect to the Unions request to be heard in this matter neither Union was involved in the bargaining process and has neither any right, interest or legitimate expectation concerning the approval of the Agreement. Neither the Unions’ interests, nor its members will be directly affected by the outcome of this application.

[7] Further the Unions, not being involved in the bargaining process, have no particular knowledge of relevant events that might assist the Commission.

[8] The Unions have not put forward a sound reason why the Commission should exercise its discretion under s.590 of the Act and allow it to be heard in this matter.

[9] Consequently, the Unions will not be heard further regarding this application.

[10] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[11] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2020. The nominal expiry date of the Agreement is 5 October 2024.

Printed by authority of the Commonwealth Government Printer

<AE509178  PR723320>

Annexure A