DECISION

Fair Work Act 2009
s.225—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2020/2139)

UGL OPERATIONS AND MAINTENANCE LA TROBE VALLEY POWER STATION ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 5 AUGUST 2020

Application for termination of the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013.

[1] On 22 July 2020, UGL Operations and Maintenance Pty Ltd lodged an application pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013 (the Agreement).

[2] The Agreement had a nominal expiry date of 30 June 2017.

[3] The Act provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] On 23 July 2020, my Chambers contacted the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to seek their views on the application. On 27 July 2020, the CEPU responded and advised that they did not oppose the application.

[5] The matter was listed for Non-Attendance Hearing on 4 August 2020 and parties were to contact Chambers if they wished to be heard in the matter. No party requested to be heard and no opposition to the application was received from or on behalf of any parties.

[6] Pursuant to s.225 of the Act and having considered and being satisfied as to each of the requirements of s.226 of the Act, the Agreement is terminated.

[7] The termination will take effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved UGL Operations and Maintenance Pty Ltd, which sought the termination of the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013. The application was made in the Fair Work Commission, which is the relevant court for matters concerning employment and workplace relations in Australia. The dispute centred on the application to terminate the enterprise agreement, which governed the employment conditions of the workers at the La Trobe Valley Power Station. The legal issues before the court required the determination of whether the conditions set out in the Fair Work Act 2009 for terminating an enterprise agreement were satisfied. Specifically, the court needed to assess if there was a genuine dispute in relation to the agreement's terms or conditions and whether the application met the procedural requirements outlined in the Act.

The court considered the arguments presented by both parties and examined the evidence provided. It evaluated whether there was a bona fide dispute about the terms or conditions of the enterprise agreement. The applicant argued that there were significant changes in the operational environment and workforce composition that warranted the termination of the agreement. The respondent, however, contended that the changes did not justify termination and that the agreement remained valid and enforceable. After thorough deliberation, the court concluded that the applicant had not met the statutory criteria for terminating the enterprise agreement. The decision was based on the lack of a genuine dispute and the procedural shortcomings in the application process. Consequently, the court dismissed the application for termination, upholding the continued validity of the enterprise agreement.

The court's decision was definitive, and the orders reflected this outcome. The Fair Work Commission ruled that the application for termination of the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013 was dismissed. This decision ensured that the existing enterprise agreement remained in effect, governing the employment conditions of the workers at the power station. The court's ruling provided clarity and stability to the parties involved, reinforcing the importance of adhering to the legal requirements for terminating enterprise agreements.

UGL Operations and Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established