UGL Operations and Maintenance Pty Ltd Summary

[2013] FWCA 5119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2013/1876)

UGL OPERATIONS AND MAINTENANCE LA TROBE VALLEY POWER STATIONS MECHANICAL (AMWU) 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 (AMWU) 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 (AMWU) 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[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 case involved UGL Operations and Maintenance Pty Ltd, who applied to the Fair Work Commission for approval of the UGL Operations and Maintenance La Trobe Valley Power Stations Mechanical (AMWU) Enterprise Agreement 2013. The Australian Manufacturing Workers' Union (AMWU) was also a party to the application. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement. The Fair Work Commission, being the body responsible for approving such agreements, was tasked with determining whether the agreement met the legal requirements and standards under the Fair Work Act 2009.

The legal issues the court had to decide included whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of minimum entitlements, bargaining obligations, and procedural fairness. The court also needed to assess whether the agreement was made in good faith and whether it provided for the appropriate processes to deal with any future changes. Additionally, the court examined whether the agreement was fair and reasonable, considering the interests of both the employees and the employer.

In reaching its decision, the Fair Work Commission found that the UGL Operations and Maintenance La Trobe Valley Power Stations Mechanical (AMWU) Enterprise Agreement 2013 was compliant with the legal requirements of the Fair Work Act. The court determined that the agreement was made in good faith and provided adequate processes for future negotiations. It was also found to be fair and reasonable, balancing the interests of the employees and the employer. Consequently, the Commission approved the agreement, and it was registered on the Register of Approved Agreements. This decision meant that the terms and conditions outlined in the enterprise agreement became legally binding between UGL Operations and Maintenance Pty Ltd and the AMWU.

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