DECISION

Fair Work Act 2009
s.210—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2016/2751)

UGL OPERATIONS AND MAINTENANCE PTY LTD MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 21 APRIL 2016

Application for variation of the UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by UGL Operations and Maintenance Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] The Australian Workers’ Union, the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions) were each invited to provide their view on the application but the Unions have not sought to make a submission.

[3] Based on the information before me I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the matter of UGL Operations and Maintenance Pty Ltd, the Fair Work Commission considered an application for the variation of the UGL Operations and Maintenance Pty Ltd Maintenance Services Enterprise Agreement 2014. The application was brought forth by the employer, UGL Operations and Maintenance Pty Ltd, seeking adjustments to the existing enterprise agreement to address certain operational needs. The dispute centred on whether the proposed changes were necessary and fair, given the current business context and the impact on employees.

The legal issues before the commission involved interpreting the terms of the existing enterprise agreement, assessing the reasonableness of the proposed changes, and determining whether the application complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission had to consider whether the changes were necessary to achieve a fair and efficient workplace, and whether the process followed by the employer was fair and in accordance with the law.

The commission found that the proposed changes were necessary to address operational challenges faced by the employer, and that the process for making the application was fair and in accordance with the law. The commission also determined that the changes would not adversely affect the employees' conditions of employment to an unreasonable degree. Consequently, the application was approved, allowing the employer to implement the proposed variations to the enterprise agreement. The decision underscores the importance of balancing business needs with employee rights in enterprise agreements, ensuring that any changes are fair and reasonable.

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