DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2015/2623)

UGL RESOURCES PTY LTD BP REFINERY (KWINANA) SITE LOCAL SERVICES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MAY 2015

Application for approval of the UGL Resources Pty Ltd BP Refinery (Kwinana) Site Local Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UGL Resources Pty Ltd BP Refinery (Kwinana) Site Local Services 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 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 May 2015 and, in accordance with s.54, will operate from 26 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations and Maintenance Pty Ltd, the applicant, sought approval of the UGL Resources Pty Ltd BP Refinery (Kwinana) Site Local Services Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The respondents to the application were the Western Australian Branch of the Construction, Forestry, Maritime, Mining and Energy Union, and several individual employees of the applicant.

The primary issue before the Commission was whether the terms of the proposed enterprise agreement complied with the provisions of the Fair Work Act and the relevant regulations. Specifically, the Commission had to consider whether the agreement provided for minimum terms and conditions of employment that were no less favourable than the applicable modern awards and whether it contained provisions that were contrary to public policy or contrary to the spirit of the Act. Additionally, the Commission examined whether the agreement had been made in accordance with the relevant provisions of the Act, including the requirement for genuine agreement and proper consultation.

The Commission determined that the proposed enterprise agreement was compliant with the relevant statutory provisions. The agreement provided for terms and conditions that were at least as favourable as the applicable modern awards and contained no provisions that were contrary to public policy or the spirit of the Act. The Commission was satisfied that the agreement had been made through proper consultation and genuine agreement between the parties. Consequently, the Commission approved the enterprise agreement, and it came into effect on the date of the Commission's decision.

The Fair Work Commission approved the UGL Resources Pty Ltd BP Refinery (Kwinana) Site Local Services Enterprise Agreement 2015, effective from the date of the decision. This determination resolved the application brought by UGL Operations and Maintenance Pty Ltd and provided certainty for the parties involved regarding the terms and conditions of employment under the 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