DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2017/993)

UGL OPERATIONS AND MAINTENANCE PTY LTD GEELONG REFINERY MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 APRIL 2017

Application for approval of the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2017 (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] 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 “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 declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 5 April 2017 and, in accordance with s.54, will operate from 12 April 2017. The nominal expiry date of the Agreement is 5 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 Geelong Refinery Maintenance Services Enterprise Agreement 2017. The applicant, a company involved in maintenance services, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act, particularly whether it met the "better off overall test" which mandates that employees be no worse off financially and have at least maintained their relative position compared to other employees.

The legal issues before the Commission were whether the proposed agreement was a "simple" agreement, as defined in the Act, and if it met the "no disadvantage test" by ensuring employees were not worse off financially and that their relative position was maintained. The applicant argued that the agreement was simple and met these requirements, while there was no opposition from the employees or their representatives. The Commission examined the provisions of the agreement and the evidence provided to determine if the agreement met the statutory criteria.

The Commission found that the agreement was indeed a simple agreement and satisfied the no disadvantage test. The Commission considered the evidence and submissions provided and concluded that the agreement did not result in any financial detriment to the employees and maintained or improved their relative position. The agreement was therefore approved under the Fair Work Act 2009, effective from the date of the decision.

The Commission made an order approving the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2017. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it, effective from the date of the decision. The order also specified that the agreement would remain in force until it was terminated or superseded by a new agreement.

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