UGL Operations and Maintenance (Services) Pty Limited T/A UGL Resources (Services) Ltd

[2014] FWCA 4651

FAIR WORK COMMISSION

DECISION

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

UGL Operations and Maintenance (Services) Pty Limited T/A UGL Resources (Services) Ltd
(AG2014/6568)

UGL BROADMEADOW AND HUNTER VALLEY MAINTENANCE CENTRE AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the UGL Broadmeadow and Hunter Valley Maintenance Centre Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the UGL Broadmeadow and Hunter Valley Maintenance Centre Agreement 2014 - 2017 (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 T/A UGL Resources (Services) Ltd (the applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 22 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance (Services) Pty Limited T/A UGL Resources (Services) Ltd sought approval of the UGL Broadmeadow and Hunter Valley Maintenance Centre Agreement 2014-2017. The Fair Work Commission was asked to determine whether the agreement was appropriate for endorsement under the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently met the requirements for a modern award and if it provided fair terms and conditions for employees.

The central legal issues before the Commission were whether the agreement adhered to the criteria for a modern award and whether it provided fair terms and conditions for employees. Specifically, the Commission had to examine whether the agreement complied with the relevant sections of the Fair Work Act and whether it provided terms and conditions that were no less favourable than those stipulated in the applicable award or in a registered agreement.

The Commission concluded that the UGL Broadmeadow and Hunter Valley Maintenance Centre Agreement 2014-2017 was appropriate for endorsement. The agreement was found to meet all the statutory requirements for a modern award, including provisions for wage rates, leave entitlements, and other employment conditions. The Commission also determined that the agreement provided fair and reasonable terms and conditions for the employees, ensuring they were no less favourable than those in the relevant award. The decision was based on a comprehensive review of the agreement's provisions against the legislative framework and its alignment with industry standards.

The Fair Work Commission approved the UGL Broadmeadow and Hunter Valley Maintenance Centre Agreement 2014-2017, endorsing it as a modern award. This decision was made under the authority granted by section 186 of the Fair Work Act 2009. The endorsement was effective from the date of the decision, providing legal certainty and stability for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established