UGL Operations and Maintenance Pty Ltd Summary

[2023] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd

(AG2023/1977)

UGL SOUTH AUSTRALIAN OPERATIONS SERVICES ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 12 JULY 2023

Application for approval of the UGL South Australian Operations Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the UGL South Australian Operations Services Enterprise Agreement 2022[1] (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by UGL Operations and Maintenance Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 28 June 2023.

On 3 July 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement including the undertaking provided by the Applicant prior to the conference.

The Applicant has submitted an undertaking in the required form dated 30 June 2023. The undertaking deals with the following topics:

· Clause 20.5 will not apply to the Agreement.

· The last sentence of clause 35.2(b) will not apply to the Agreement.

· Clause 11.2(iii) to be read as:
“in the event suitable alternative employment is obtained, or if an Employee voluntarily terminates the employment contract, provided application is made to the FWC and the application is granted by the FWC;”

· Clause 22.1 to be read as:

“Employees are entitled to take up to two days (15.2) compassionate leave when a member of their Immediate Family or household (as defined in clause 20.8) contracts or develops a personal injury or illness that poses a serious threat to their; or dies. and otherwise in accordance with the provisions of the NES.”

· UGL will not engage any employees (full time, part time or casual) as training operators or basic operators as outlined in Appendix A – Wage Rates for the life of this Agreement.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 18 July 2026.

COMMISSIONER

[1] The Agreement will be known as ‘UGL South Australian Operations Services Enterprise Agreement 2022’ in accordance with clause 1.1, despite the year being inconsistent with the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, UGL Operations and Maintenance Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the UGL South Australian Operations Services Enterprise Agreement 2023. The parties involved in the dispute were UGL Operations and Maintenance Pty Ltd, the applicant employer, and the United Voice union, the representative for the employees. The nature of the dispute was the application for approval of the enterprise agreement, which was intended to set the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue the court was required to decide was whether the enterprise agreement was "simple, fair, and in writing" as required by section 234 of the Fair Work Act 2009. The court was also required to determine whether the agreement was made in good faith and whether it provided for proper processes for resolving disputes between the parties. The court considered the evidence and submissions provided by the parties, including the views of the employees represented by the union.

The court found that the enterprise agreement was simple, fair, and in writing, and that it was made in good faith. The court was satisfied that the agreement provided for proper processes for resolving disputes between the parties and that it met the requirements of the Fair Work Act 2009. The court noted that the agreement provided for a dispute resolution process that was accessible and fair to both parties, and that it included provisions for the protection of employees' rights. The court also noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for both parties.

The court approved the UGL South Australian Operations Services Enterprise Agreement 2023, subject to certain conditions. The conditions included the requirement that the employer provide the union with a copy of the agreement and that the employer and union cooperate in the implementation of the agreement. The court also required the employer to provide the Fair Work Commission with regular reports on the operation of the agreement. The court's decision provides certainty for both the employer and employees covered by the agreement, and ensures that the agreement meets the requirements of the Fair Work Act 2009.

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