DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2018/6294)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LIMITED MACKAY & REGIONAL QUEENSLAND WORKSHOPS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MARCH 2019

Application for approval of the UGL Operations and Maintenance (Services) Pty Limited Mackay & Regional Queensland Workshops Enterprise Agreement 2018.

[1] UGL Operations and Maintenance Pty Ltd has been made an application for the approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Pty Limited Mackay & Regional Queensland Workshops Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, have given notice under s 183 of the Act they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 12 March 2019 and, in accordance with s 54, will operate from 19 March 2019. The nominal expiry date of the Agreement is 12 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Operations and Maintenance Pty Ltd was the subject of an application for approval of the UGL Operations and Maintenance (Services) Pty Limited Mackay & Regional Queensland Workshops Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which was required to determine whether the proposed agreement was in the interests of the employees covered by it. The applicant, UGL, was seeking approval of the proposed enterprise agreement, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on the grounds that the agreement did not adequately protect the employees' interests.

The legal issues that the Commission had to decide included whether the agreement complied with the statutory requirements of the Fair Work Act 2009, particularly the "better off overall test" which requires that the proposed agreement must not prejudice the financial interests of the employees. Another issue was whether the agreement appropriately addressed the rights and obligations of both parties, and whether it provided a fair and reasonable balance of interests between them.

The Commission found that the proposed agreement met the requirements of the Fair Work Act, including the better off overall test. The Commission noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it was in the best interests of the employees. The Commission also found that the agreement appropriately addressed the rights and obligations of both parties and that it provided a fair and reasonable balance of interests between them. The Commission approved the proposed enterprise agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the UGL Operations and Maintenance (Services) Pty Limited Mackay & Regional Queensland Workshops Enterprise Agreement 2018. The Commission found that the agreement met the statutory requirements of the Fair Work Act and that it provided a fair and reasonable balance of rights and obligations between the parties. The agreement was in the best interests of the employees and was approved accordingly.

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