DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2016/3138)

UGL OPERATIONS AND MAINTENANCE PTY LTD ALCOA ELECTRICAL CONTRACTING SERVICES ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the UGL Operations and Maintenance Pty Ltd Alcoa Electrical Contracting Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Alcoa Electrical Contracting Services Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 June 2016 and, in accordance with s.54, will operate from 23 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved UGL Operations and Maintenance Pty Ltd and the Australian Manufacturing Workers' Union. The company sought approval of the UGL Operations and Maintenance Pty Ltd Alcoa Electrical Contracting Services Enterprise Agreement 2016. The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the coverage, negotiation, and content of the enterprise agreement. The Commission had to determine if the agreement was fairly negotiated, covered the necessary employees, and complied with the Act's provisions.

The Commission evaluated the process of negotiation and the content of the agreement. It examined whether the agreement was made in good faith, involved sufficient consultation, and included terms that were fair and reasonable. The Commission also considered the scope of the agreement, ensuring it appropriately covered the intended employees and did not exclude any terms that should have been included. Furthermore, the Commission assessed whether the agreement met the "better off overall test" as required by the Fair Work Act. This involved comparing the benefits of the proposed agreement to the existing industrial instruments to ensure employees would be better off overall.

After thorough examination, the Commission found that the agreement was fairly negotiated and met all legislative requirements. The agreement was comprehensive, covering all intended employees and included necessary terms such as pay, conditions of employment, and dispute resolution mechanisms. The Commission concluded that the agreement provided employees with benefits that were at least as good as, if not better than, their existing conditions. Accordingly, the Fair Work Commission approved the UGL Operations and Maintenance Pty Ltd Alcoa Electrical Contracting Services Enterprise Agreement 2016.

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