DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2020/799)

UGL OPERATIONS AND MAINTENANCE PTY LTD GEELONG REFINERY MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2020

Application for approval of the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2020

[1] UGL Operations and Maintenance Pty Ltd has made an application for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Australian Workers’ Union and the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 26 March 2020 and, in accordance with s 54, will operate from 2 April 2020. The nominal expiry date of the Agreement is 26 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of UGL Operations and Maintenance Pty Ltd, the Fair Work Commission was asked to determine the application for the approval of the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2020. This decision follows the submission of the enterprise agreement by the employer for consideration under section 228 of the Fair Work Act 2009. The primary nature of the dispute centred on whether the agreement met the legal criteria for approval, including considerations of its compliance with the Fair Work Act's good faith bargain requirement and its adherence to the Fair Work (Registered Organisations) Act 2009 provisions.

The legal issues the court was required to decide included whether the enterprise agreement was genuinely a bargain between the employer and the employees, whether the agreement met the minimum standards set by the Fair Work Act, and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. The court also had to consider whether the agreement was made in good faith and if it contained appropriate provisions for employee protections, including minimum wages, leave entitlements, and dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission undertook a comprehensive analysis of the agreement, examining the bargaining process, the terms and conditions proposed, and the impact on the employees. The Commission found that the agreement was a genuine bargain, made in good faith, and met the minimum standards required by the Fair Work Act. Furthermore, the Commission confirmed that the agreement was compliant with the Fair Work (Registered Organisations) Act 2009 provisions. The Commission concluded that the agreement was fair and reasonable, thus meeting all the legal criteria for approval.

Accordingly, the Fair Work Commission approved the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2020, effective from the date of the decision. The approval ensures that the terms and conditions of employment under the agreement are legally binding on both the employer and the employees, providing a framework for industrial relations within the specified enterprise.

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