DECISION

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

UGL Operations and Maintenance (Services) Pty Ltd
(AG2020/275)

UGL APLNG ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 24 FEBRUARY 2020

Application for approval of the UGL APLNG Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the the UGL APLNG Enterprise Agreement 2020. (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 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, UGL Operations and Maintenance (Services) Pty Ltd, sought approval for the UGL APLNG Enterprise Agreement 2020. The respondent, the Australian Council of Trade Unions, contested the application. The nature of the dispute centred on several provisions of the proposed agreement, particularly those relating to wages, conditions of employment, and the resolution of workplace disputes.

The legal issues before the Commission involved determining whether the provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the "better off overall test" and whether it contained provisions that were contrary to the overarching objectives of the Fair Work Act, such as promoting high levels of employment and avoiding industrial action.

The Commission examined the submissions from both parties and considered the evidence presented. It found that the provisions of the agreement were fair and reasonable and met the better off overall test. The Commission determined that the agreement did not contain any provisions that were contrary to the objectives of the Fair Work Act. Consequently, the Commission approved the UGL APLNG Enterprise Agreement 2020.

UGL Operations and Maintenance (Services) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established