DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2019/2091)

UGL OPERATIONS AND MAINTENANCE PTY LTD (SANTOS) ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

Application for approval of the UGL Operations and Maintenance Pty Ltd (Santos) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd (Santos) Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 1 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance Pty Ltd sought approval for its Enterprise Agreement 2019 before the Fair Work Commission. The enterprise agreement aimed to regulate the employment terms and conditions for employees of UGL Operations and Maintenance Pty Ltd, specifically those working on the Santos project. The nature of the dispute was the procedural fairness of the agreement and its compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement had been made in accordance with the necessary procedures and whether it adhered to the provisions of the Act.

The central legal issues revolved around whether the necessary procedural steps were followed in the making of the agreement and whether the agreement met the requirements of the Fair Work Act 2009. The Commission needed to assess the fairness of the agreement and whether it was appropriately certified and approved. Key aspects included the extent of employee involvement in the negotiation process, the representation of employee interests, and the compliance of the agreement with the statutory provisions regarding fair work.

The Fair Work Commission concluded that the enterprise agreement was procedurally fair and in compliance with the Fair Work Act 2009. The Commission found that there was adequate employee participation and representation during the negotiation process. The agreement was certified by the appropriate authorities, and it met the criteria for approval as stipulated in the Act. Consequently, the Commission approved the UGL Operations and Maintenance Pty Ltd (Santos) Enterprise Agreement 2019, deeming it to be fair and appropriate for implementation.

The final orders of the Commission were that the enterprise agreement be approved, and it was to be registered with the Fair Work Ombudsman. This approval allows the agreement to govern the employment terms and conditions for the specified employees, effective from the date of registration.

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