UGL Operations and Maintenance Pty Ltd

[2016] FWCA 152

[2016] FWCA 152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2015/7451)

UGL OPERATIONS AND MAINTENANCE PTY LTD ALCOA LOCAL SERVICES ASSOCIATED PROJECTS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 JANUARY 2016

Application for approval of the UGL Operations and Maintenance Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2015 (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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union was a bargaining representative for the Agreement. The Union objected to the approval of the Agreement based on concern regarding the group of employees that voted on the proposed Agreement. The Union’s position was that there was doubt about whether two employees who voted on the proposed Agreement would be covered by the Agreement and doubt over whether ss181 and 182 of the Act have been satisfied. The Union requested to be heard on the matter.

[3] The Applicant provided evidence in relation to the two employees in question. Following receipt of this evidence, the Union withdrew its request. I am satisfied on the basis of the Applicant’s evidence that these employees were entitled to vote on the proposed Agreement in accordance with ss181 and 182 of the Act. I am satisfied that the proposed Agreement has been genuinely agreed to by the employees covered by the Agreement.

[4] The Applicant 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.

[5] Subject to the undertakings referred to above, 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 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.

[6] The Agreement was approved on 8 January 2016 and, in accordance with s.54, will operate from 15 January 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A