UGL Operations and Maintenance Pty Ltd Summary

[2013] FWCA 4856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2013/6688)

UGL OPERATIONS AND MAINTENANCE PTY LTD ALCOA LOCAL SERVICES AND ASSOCIATED PROJECTS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the UGL Operations and Maintenance Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance Pty Ltd applied to the Fair Work Commission for the approval of the UGL Operations and Maintenance Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013. The applicant sought an order approving the agreement under section 232 of the Fair Work Act 2009. The dispute arose between UGL Operations and Maintenance Pty Ltd and the Australian Manufacturing Workers' Union, which represented the employees involved. The legal issues before the court were whether the agreement met the procedural and substantive requirements of the Fair Work Act and whether the agreement was in the best interests of the employees.

The court considered whether the agreement was a genuine enterprise agreement, whether it had been appropriately negotiated, and whether it complied with the procedural requirements set out in the Fair Work Act. The court also examined whether the agreement contained the necessary minimum terms and conditions and whether it was fair and reasonable. The applicant provided evidence of the negotiation process and the steps taken to ensure that the agreement was reached in good faith. The union argued that certain provisions of the agreement were unfair and did not adequately protect the employees' interests.

After considering the evidence and submissions from both parties, the court found that the agreement was a genuine enterprise agreement that had been appropriately negotiated and met the procedural requirements of the Fair Work Act. The court also found that the agreement contained the necessary minimum terms and conditions and was fair and reasonable. The court approved the agreement, noting that it provided for appropriate protections for the employees and reflected the bargaining positions of the parties. The court's decision was based on a careful consideration of the evidence and the legal framework provided by the Fair Work Act.

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