UGL Operations and Maintenance Pty Ltd

[2024] FWCA 3020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

UGL Operations and Maintenance Pty Ltd

(AG2024/2465)

UGL DEFENCE FUELS MAINTENANCE (EAST) GREENFIELDS AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 21 AUGUST 2024

Application for variation of the UGL Defence Fuels Maintenance (East) Greenfields Agreement 2023

An application has been made for approval of a variation to the UGL Defence Fuels Maintenance (East) Greenfields Agreement 2023 (the Agreement). The application was made by UGL Operations and Maintenance Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary multiple clauses of the Agreement. A signed copy of the variation dated 8 August 2024 is attached to this Decision as Annexure A.

I am satisfied that each of the requirements of s.210 and 211 of the Act as are relevant have been met.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 21 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Operations and Maintenance Pty Ltd applied to the Fair Work Commission for approval of a variation to the UGL Defence Fuels Maintenance (East) Greenfields Agreement 2023. The application was made under section 210 of the Fair Work Act 2009. The proposed variation sought to amend multiple clauses of the existing Agreement. The application included a signed copy of the variation dated 8 August 2024. The Commission was required to determine whether the application met the statutory requirements for approving the variation.

The primary legal issue for the Commission was whether the application complied with sections 210 and 211 of the Fair Work Act. Section 210 outlines the process for applying for approval of an enterprise agreement variation, while section 211 provides criteria for the Commission to consider in approving a variation. The Commission needed to ensure that all procedural and substantive requirements were satisfied, including whether the variation was made in good faith and whether it complied with the relevant provisions of the Fair Work Act.

The Commission found that the application met all necessary requirements for approval under the Fair Work Act. The application was made in good faith, and the proposed variation complied with the statutory criteria. The Commission approved the variation and confirmed that the consolidated version of the Agreement, as varied, was attached to the decision. In accordance with section 216 of the Act, the variation took effect from 21 August 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established