UGL Operations and Maintenance Pty Ltd

[2022] FWCA 477

[2022] FWCA 477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

UGL Operations and Maintenance Pty Ltd

(AG2022/223)

Manufacturing and associated industries
COMMISSIONER O’NEILL	MELBOURNE, 11 FEBRUARY 2022

Application for termination of the UGL Kaefer JV and AMWU Onshore Mechanical Maintenance Services Enterprise Agreement 2013

1. On 1 February 2022, UGL Operations and Maintenance Pty Ltd applied to terminate the UGL Kaefer JV and AMWU Onshore Mechanical Maintenance Services Enterprise Agreement 2013 (the Agreement) pursuant to section 225 of the Fair Work Act 2009 (Cth).

1. The Agreement has passed its nominal expiry date of 30 April 2015.

Background

1. The Agreement covers the Applicant and Kaefer Integrated Services Pty Ltd (Kaefer).

1. The application was supported by a statutory declaration of  Stephanie Evans, Industrial Relations Advisor, dated 1 February 2022. Ms Evans declares that there are no employees currently covered by the Agreement and that the Applicant has no intention to engage any employee under the Agreement in the future.

1. Kaefer supports the application to terminate the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is covered by the Agreement and advised the Commission on 10 February 2022 that it does not contest the application to terminate the Agreement.

Consideration

1. In relation to s.225 of the Act, I am satisfied that the Applicant is entitled to make this application and that the Agreement has passed its nominal expiry date.

2. In relation to s.226, I am required to terminate the Agreement if (a) I am satisfied that it is not contrary to the public interest to do so, and (b) if I consider it appropriate taking into account all the circumstances including:

(i)the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii)the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

1. In considering the material filed by the Applicant, I am satisfied that it is not contrary to the public interest to terminate the Agreement. As outlined above, the views of the AMWU and Kaefer were sought and they do not object to the termination of the Agreement. Ms Evans’ declaration attests that there are no employees covered by the Agreement and as such the termination would have no effect on any employees covered by the Agreement. The Applicant does not intend to engage any employees under the Agreement in the future. The Agreement nominally expired over 6 years ago and its termination would benefit the Applicant and Kaefer by eliminating the need to monitor and administer a historical agreement. This weighs in favour of the termination of the Agreement.

1. I am satisfied that the requirements of s.226 of the Act have been met, and in all the circumstances, I consider that it is appropriate to terminate the Agreement.

1. The Agreement is terminated effective from today.

COMMISSIONER

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