| [2023] FWCA 913 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
UGL Operations and Maintenance Pty Ltd
(AG2023/650)
UGL OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2023
| Oil and gas industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 27 MARCH 2023 |
Application for approval of the UGL Operations and Maintenance Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the UGL Operations and Maintenance Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGL Operations and Maintenance Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Coverage of employee organisations
The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:
The Australian Workers’ Union;
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.
In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2023. The nominal expiry date of the Agreement is 27 March 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519586 PR760628>
- AGLC
- UGL Operations and Maintenance Pty Ltd [2023] FWCA 913
- Case
- [2023] FWCA 913
- Decision Date
CaseChat Overview and Summary
The primary legal issues the FWC needed to address were whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether the agreement met the substantive fairness test. Specifically, the FWC had to determine if the agreement was made in good faith, if it was free from coercion, and if it provided a safety net of minimum entitlements that were no less favourable than the applicable awards or registered agreements. Additionally, the FWC considered whether the agreement met the better-off-overall test, ensuring that employees were not worse off under the terms of the agreement compared to their previous conditions of employment.
After careful consideration of the evidence and submissions from both parties, the FWC found that the UGL Operations and Maintenance Enterprise Agreement 2023 met the necessary procedural and substantive requirements. The FWC concluded that the agreement was made in good faith, was free from coercion, and provided a safety net of minimum entitlements that were at least as favourable as the applicable awards or registered agreements. The FWC also found that the agreement satisfied the better-off-overall test, as employees were not worse off under the new agreement compared to their previous conditions. Based on these findings, the FWC approved the enterprise agreement, allowing it to come into effect as per the terms specified within the document.
The final orders of the FWC included the approval of the UGL Operations and Maintenance Enterprise Agreement 2023, with the agreement to be registered and applicable to the relevant employees from the specified commencement date. The FWC's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would govern their employment terms and conditions moving forward.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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