UGL Operations and Maintenance Pty Ltd Summary

[2018] FWCA 7445

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd

(AG2018/3840)

UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Beaumont	PERTH, 6 DECEMBER 2018

Application for approval of the UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2018 (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.

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.

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.

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

The Agreement was approved on 6 December 2018 and, in accordance with s.54, will operate from 13 December 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations and Maintenance Pty Ltd applied for approval of the UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2018. The respondent, the Transport Workers Union of Australia, opposed the application on various grounds, including that the agreement failed to provide for a fair and reasonable safety net of minimum terms and conditions of employment. The application was heard by Deputy President Azzopardi.

The legal issues the court was required to decide included whether the agreement provided for a fair and reasonable safety net of minimum terms and conditions, as required by section 235 of the Fair Work Act 2009. The court also had to consider whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009, including the requirement that the agreement be in writing and provide for the resolution of disputes between the parties.

The court found that the agreement did provide for a fair and reasonable safety net of minimum terms and conditions. The Deputy President noted that the agreement contained provisions for minimum rates of pay, leave entitlements, and other terms and conditions that were consistent with the safety net provisions of the Fair Work Act. The Deputy President also found that the agreement was consistent with the requirements of the Fair Work (Registered Organisations) Act, including the requirement that the agreement be in writing and provide for the resolution of disputes between the parties.

The court approved the UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2018, subject to certain modifications to the agreement to address the concerns raised by the respondent. The modifications included changes to the agreement to ensure that it provided for a fair and reasonable safety net of minimum terms and conditions, as required by the Fair Work Act. The court also made orders to ensure that the agreement was consistent with the requirements of the Fair Work (Registered Organisations) Act.

UGL Operations and Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established