UGL Operations and Maintenance Pty Ltd Summary

[2013] FWCA 10090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2013/10214)

UGL OPERATIONS AND MAINTENANCE PTY LTD CALTEX KURNELL REFINERY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 DECEMBER 2013

Application for approval of the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Refinery Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Refinery Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by UGL Operations and Maintenance Pty Ltd and nominates the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the AMWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement 1 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved UGL Operations and Maintenance Pty Ltd and its employees, who had reached an agreement on terms and conditions of employment. The company sought approval of the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Refinery Enterprise Agreement 2013. The dispute was about whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement contained the required provisions for employee protection and whether it complied with the procedural requirements for approval. Specifically, the Commission had to determine if the agreement adequately covered minimum wages and conditions, allowed for free bargaining, and was made in good faith. Additionally, the Commission considered whether the necessary consultation and disclosure processes had been followed.

In assessing the agreement, the Fair Work Commission found that the agreement included all the necessary provisions for employee protection and met the requirements for approval under the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and that the required consultation and disclosure processes had been adequately followed. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages and conditions.

Consequently, the Fair Work Commission approved the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Refinery Enterprise Agreement 2013. The approval was made effective from the date of the Commission's decision, ensuring that the agreement would govern the employment terms and conditions of the employees involved.

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