UGL Operations and Maintenance Pty Ltd Summary

[2014] FWCA 7785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2014/7979)

UGL OPERATIONS AND MAINTENANCE PTY LTD QAL SERVICES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 3 NOVEMBER 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the UGL Operations and Maintenance Pty Ltd QAL Services Enterprise Agreement 2014 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Workers’ Union (AWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance Pty Ltd sought approval for the UGL Operations and Maintenance Pty Ltd QAL Services Enterprise Agreement 2014, which was to be registered with the Fair Work Commission. The application was brought before the Federal Circuit Court of Australia by UGL Operations and Maintenance Pty Ltd, who were seeking to have the enterprise agreement approved and registered.

The legal issues before the court involved determining whether the agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement had been made in good faith and whether it met the criteria for being a single, useful and effective agreement. The court had to assess whether the agreement provided for proper terms and conditions of employment and whether it included appropriate dispute resolution procedures.

The court found that the UGL Operations and Maintenance Pty Ltd QAL Services Enterprise Agreement 2014 met the necessary criteria under the Fair Work Act 2009. The agreement was deemed to have been made in good faith and was considered to be a single, useful, and effective agreement. It provided for appropriate terms and conditions of employment and included suitable dispute resolution procedures. The court was satisfied that the agreement met all the legal requirements for registration.

Accordingly, the Federal Circuit Court of Australia approved and registered the UGL Operations and Maintenance Pty Ltd QAL Services Enterprise Agreement 2014. The court's decision was based on a thorough analysis of the agreement's compliance with the statutory provisions and the overall suitability of the terms and conditions it contained.

UGL Operations and Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established