DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL operations and Maintenance Pty Ltd
(AG2015/6465)

UGL OPERATIONS & MAINTENANCE PTY LTD BP REFINERY (KWINANA) SITE MAINTENANCE AND MODIFICATION ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 OCTOBER 2015

Application for approval of the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification 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] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves UGL Operations and Maintenance Pty Ltd, with the Fair Work Commission (FWC) being asked to approve the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2015. The applicants, UGL Operations and Maintenance Pty Ltd, sought the approval of this enterprise agreement under the Fair Work Act 2009. The respondents, who were the employees covered by the agreement, did not object to the application for approval.

The primary legal issue before the FWC was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, was genuinely agreed to by both parties, and did not unfairly discriminate against any employees. Additionally, the FWC had to ensure that the agreement did not undermine the ability of employees to resolve industrial disputes through protected industrial action.

The FWC found that the agreement met all the necessary criteria for approval. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, was genuinely agreed upon by both parties, and did not unfairly discriminate against any employees. Furthermore, the FWC concluded that the agreement did not undermine the ability of employees to resolve industrial disputes through protected industrial action. As such, the FWC approved the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2015.

The Fair Work Commission approved the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2015. The approval took effect from the date of the decision, ensuring that the terms and conditions of employment set out in the agreement were legally binding on both parties.

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