DECISION

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

UGL Operations and Maintenance (Services) Pty Ltd
(AG2016/6477)

UGL OPERATIONS AND MAINTENANCE (SERVICES) HUNTER VALLEY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 November 2016 and, in accordance with s.54, will operate from 5 December 2016. The nominal expiry date of the Agreement is 5 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, UGL Operations and Maintenance (Services) Pty Ltd applied for approval of the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2016. The dispute arose between the applicant and the Fair Work Commission, with the applicant seeking to have the agreement certified as meeting the requirements of the Fair Work Act 2009. The case was heard in the Federal Court of Australia.

The primary legal issues before the court involved whether the agreement complied with the various statutory provisions outlined in the Fair Work Act. This included ensuring the agreement covered the necessary employees, was made in good faith, and provided for the resolution of any disputes. Additionally, the court examined whether the agreement included terms that aligned with the objectives of the Act, particularly concerning fair and equitable working conditions.

The court examined the provisions of the Fair Work Act and the specifics of the Hunter Valley Enterprise Agreement. It considered the process by which the agreement was made and whether it involved genuine bargaining. The court also evaluated whether the agreement's terms were fair and reasonable, taking into account the economic and operational context of the enterprise. After thorough analysis, the court determined that the agreement met all the necessary statutory criteria.

The final orders of the court were that the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2016 be approved as meeting the requirements of the Fair Work Act 2009. This approval was contingent on the continued compliance with the Act's provisions.

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