DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2015/2673)

UGL OPERATIONS AND MAINTENANCE PTY LTD (APACHE) ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the UGL Operations and Maintenance Pty Ltd (Apache) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd (Apache) 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] 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 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 25 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved UGL Operations and Maintenance Pty Ltd, and the Australian Manufacturing Workers’ Union. The dispute centred on the application for approval of the UGL Operations and Maintenance Pty Ltd (Apache) Enterprise Agreement 2015. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission involved assessing whether the agreement contained the necessary provisions to be considered a lawful enterprise agreement. This included evaluating whether the agreement provided for a proper process for resolving enterprise disputes, whether it contained the mandated minimum terms and conditions, and whether it had been fairly negotiated. Additionally, the Commission had to consider whether the agreement met the requirements for a ‘small business’ agreement, which might have allowed for some flexibility in the terms.

The Commission found that the agreement satisfied all the statutory requirements for approval. It concluded that the agreement provided for an effective dispute resolution process, included the minimum terms and conditions, and had been fairly negotiated. The agreement was also found to meet the criteria for a ‘small business’ agreement. Consequently, the Commission approved the UGL Operations and Maintenance Pty Ltd (Apache) Enterprise Agreement 2015.

The Fair Work Commission approved the UGL Operations and Maintenance Pty Ltd (Apache) Enterprise Agreement 2015, finding that it complied with all statutory requirements for an enterprise agreement, including those for a ‘small business’ agreement. The Commission's decision was based on its determination that the agreement included the necessary dispute resolution provisions, met the minimum terms and conditions, and had been fairly negotiated.

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