UGL Operations and Maintenance (Services) Ltd

[2013] FWCA 3674

FAIR WORK COMMISSION

DECISION

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

UGL Operations and Maintenance (Services) Ltd
(AG2013/6749)

UGL OPERATIONS AND MAINTENANCE (SERVICES) LTD MACKAY MECHANICAL WORKSHOP ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 7 JUNE 2013

Application for approval of the UGL Operations and Maintenance (Services) Ltd Mackay Mechanical Workshop Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Ltd Mackay Mechanical Workshop 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 (Services) 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 (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 this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 14 June 2013. The nominal expiry date of the agreement is 31 October 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UGL Operations and Maintenance (Services) Ltd, sought approval of the UGL Operations and Maintenance (Services) Ltd Mackay Mechanical Workshop Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred around the proposed terms and conditions of employment for the workers in the Mackay Mechanical Workshop, including wage rates, hours of work, and other employment conditions. The applicant argued that the proposed agreement would ensure the long-term viability of the workshop, while the respondent, the Transport Workers Union of Australia, contended that the proposed terms were detrimental to the employees.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically in relation to the "better off overall test" and whether the agreement was in the best interests of the employees. The Commission needed to assess whether the proposed agreement provided employees with a fair and reasonable set of terms and conditions compared to their existing entitlements under the applicable awards and whether the agreement would improve the employees' overall situation.

The Commission found that the proposed enterprise agreement did meet the requirements of the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, including wage increases and other benefits, while also ensuring the long-term viability of the Mackay Mechanical Workshop. The Commission concluded that the agreement was in the best interests of the employees and would result in them being "better off overall" than under the applicable awards. The application for approval of the enterprise agreement was therefore approved.

The Fair Work Commission approved the UGL Operations and Maintenance (Services) Ltd Mackay Mechanical Workshop Enterprise Agreement 2013, subject to certain conditions and modifications. The approved agreement will now serve as the governing document for the terms and conditions of employment for the workers in the Mackay Mechanical Workshop.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established