UGL Operations and Maintenance Pty Ltd Summary

[2013] FWCA 5122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2013/1904)

UGL OPERATIONS AND MAINTENANCE LA TROBE VALLEY POWER STATION ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 29 JULY 2013

Application for approval of the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by UGL Operations and Maintenance Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employee organisation to be covered by the agreement, 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 s.54(1), will operate from 5 August 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE402682 PR539475>
APPENDIX A

CaseChat Overview and Summary

The applicant, UGL Operations and Maintenance Pty Ltd, sought approval for the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013 from the Fair Work Commission. The applicant argued that the agreement was fair and reasonable in all its terms, and it was necessary for the efficient operation of its business. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, contending that the agreement contained terms that were not fair and reasonable.

The legal issues before the Commission were whether the terms of the enterprise agreement were fair and reasonable in all their aspects, and if they provided for the efficient operation of the applicant’s business. The Commission was required to consider the fairness and reasonableness of the agreement's terms, as well as whether the agreement provided for the efficient operation of the applicant’s business. The Commission was also required to consider the implications of the agreement on the employees, as well as the applicant’s business operations.

The Commission found that the enterprise agreement was fair and reasonable in all its terms and provided for the efficient operation of the applicant’s business. The Commission noted that the agreement contained provisions that were necessary for the efficient operation of the applicant’s business, and that the terms of the agreement were not overly harsh or unreasonable. The Commission also found that the agreement provided for adequate protection of the employees’ interests and that it was in the best interests of the applicant’s business to approve the agreement. The Commission approved the application and authorised the enterprise agreement.

The Fair Work Commission approved the UGL Operations and Maintenance La Trobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013 and authorised it to come into effect. The Commission found that the agreement was fair and reasonable in all its terms and provided for the efficient operation of the applicant’s business. The Commission also found that the agreement provided for adequate protection of the employees’ interests and that it was in the best interests of the applicant’s business to approve the agreement.

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