UGL Operations and Maintenance Pty Ltd

[2013] FWCA 2729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UGL Operations and Maintenance Pty Ltd
(AG2013/6102)

UGL OPERATIONS AND MAINTENANCE PHOSPHATE HILL ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 3 MAY 2013

Application for approval of the UGL Operations and Maintenance Phosphate Hill Enterprise Agreement 2013.

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

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 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 — and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 May 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance Pty Ltd recently had its application for approval of the UGL Operations and Maintenance Phosphate Hill Enterprise Agreement 2013 before the Fair Work Commission (FWC). The dispute arose from a disagreement between the applicant and the union, Australian Manufacturing Workers' Union, over the terms of the enterprise agreement. The central issues pertained to the fairness and coverage of the proposed agreement, as well as whether it complied with the relevant provisions of the Fair Work Act 2009.

The court was tasked with determining whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing the fairness of the agreement's terms, particularly in light of the applicants' assertions that the agreement would enhance productivity and operational efficiency. The court also had to consider the scope of the agreement, including whether it appropriately covered all relevant employees and whether it complied with the procedural fairness requirements. Moreover, the court examined the process by which the agreement was negotiated and whether it adhered to the relevant provisions of the Fair Work Act.

The FWC found that the application for approval of the enterprise agreement met the necessary criteria for fairness and compliance with the Fair Work Act. The court considered the evidence presented by both parties and concluded that the proposed agreement was fair and appropriately covered all relevant employees. The court also determined that the negotiation process was procedurally fair and that the agreement complied with all relevant statutory provisions. As a result, the FWC approved the UGL Operations and Maintenance Phosphate Hill Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established