| [2022] FWCA 2639 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ugl Operations And Maintenance (Services) Pty Limited
(AG2022/3059)
UGL Mackay & Regional Queensland Workshops Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER SPENCER | BRISBANE, 4 AUGUST 2022 |
Application for approval of the UGL Mackay & Regional Queensland Workshops Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the UGL Mackay & Regional Queensland Workshops Enterprise Agreement 2022 (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) Pty Limited (the Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of an undertaking, 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.
As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2022. The nominal expiry date of the Agreement is 11 August 2025.
COMMISSIONER
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- AGLC
- Ugl Operations And Maintenance (Services) Pty Limited [2022] FWCA 2639
- Case
- [2022] FWCA 2639
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "good faith" bargain and if it satisfied the "better off overall test." This test required that no employee would be worse off financially as a result of the agreement compared to their previous conditions.
The Commission considered the evidence presented by both parties and the context of the negotiations. It found that the agreement was a genuine attempt by the parties to reach a resolution in good faith. The Commission was satisfied that the proposed terms provided a fair and reasonable outcome for the employees, including improved wages and conditions in some areas. The Commission concluded that the agreement met the better off overall test, as no employee would be financially disadvantaged by the new terms. Consequently, the Commission approved the enterprise agreement.
The final orders of the Commission were that the UGL Mackay & Regional Queensland Workshops Enterprise Agreement 2022 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the Commission's decision and would govern the employment terms and conditions for the relevant employees until such time as it was varied or replaced by a new agreement.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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