UGL Operations and Maintenance Pty Ltd

Case [2023] FWCA 913


[2023] FWCA 913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd

(AG2023/650)

UGL OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2023

Oil and gas industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 27 MARCH 2023

Application for approval of the UGL Operations and Maintenance Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement to be known as the UGL Operations and Maintenance Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGL Operations and Maintenance Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisations

  1. The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

The Australian Workers’ Union;

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union; and

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

  1. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

  1. 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.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2023. The nominal expiry date of the Agreement is 27 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519586  PR760628>

Details
AGLC
UGL Operations and Maintenance Pty Ltd [2023] FWCA 913
Case
[2023] FWCA 913
Decision Date

CaseChat Overview and Summary

In the matter of UGL Operations and Maintenance Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the UGL Operations and Maintenance Enterprise Agreement 2023. The application involved the process of confirming the agreement reached between the employer and employees under the Fair Work Act 2009. The agreement in question aimed to set the terms and conditions of employment for certain employees within UGL Operations and Maintenance, covering matters such as wages, working hours, leave entitlements, and other employment-related provisions.

The primary legal issues the FWC needed to address were whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether the agreement met the substantive fairness test. Specifically, the FWC had to determine if the agreement was made in good faith, if it was free from coercion, and if it provided a safety net of minimum entitlements that were no less favourable than the applicable awards or registered agreements. Additionally, the FWC considered whether the agreement met the better-off-overall test, ensuring that employees were not worse off under the terms of the agreement compared to their previous conditions of employment.

After careful consideration of the evidence and submissions from both parties, the FWC found that the UGL Operations and Maintenance Enterprise Agreement 2023 met the necessary procedural and substantive requirements. The FWC concluded that the agreement was made in good faith, was free from coercion, and provided a safety net of minimum entitlements that were at least as favourable as the applicable awards or registered agreements. The FWC also found that the agreement satisfied the better-off-overall test, as employees were not worse off under the new agreement compared to their previous conditions. Based on these findings, the FWC approved the enterprise agreement, allowing it to come into effect as per the terms specified within the document.

The final orders of the FWC included the approval of the UGL Operations and Maintenance Enterprise Agreement 2023, with the agreement to be registered and applicable to the relevant employees from the specified commencement date. The FWC's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would govern their employment terms and conditions moving forward.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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