UGL Operations and Maintenance Pty Ltd

[2013] FWCA 5120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2013/1874)

UGL OPERATIONS AND MAINTENANCE LA TROBE VALLEY POWER STATIONS MECHANICAL (CFMEU) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 JULY 2013

Application for approval of the UGL Operations and Maintenance La Trobe Valley Power Stations Mechanical (CFMEU) 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 Stations Mechanical (CFMEU) 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 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 Construction, Forestry, Mining and Energy Union, 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 31 March 2016.

COMMISSIONER

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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 Stations Mechanical (CFMEU) Enterprise Agreement 2013. The applicant was the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) the union representing the employees. The matter was heard in the Fair Work Commission, with the decision rendered by Deputy President Finn.

The primary legal issue before the Commission was whether the agreement contained all the mandated terms and conditions and if it was fair and reasonable in accordance with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was free from any unfair content, whether it was sufficiently clear and accessible to the employees, and if it complied with the statutory provisions.

The Deputy President considered the various provisions of the agreement and the submissions from both parties. The Deputy President found that the agreement was free from any unfair content, was clear and accessible, and complied with the statutory provisions. The Deputy President approved the agreement, noting that it provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the UGL Operations and Maintenance La Trobe Valley Power Stations Mechanical (CFMEU) Enterprise Agreement 2013, finding it to be fair and reasonable and in compliance with the statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established