DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

UGL Operations and Maintenance (Services) Pty Ltd
(AG2016/6422)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LIMITED MACKAY ELECTRICAL WORKSHOP ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 20 OCTOBER 2016

Application for variation of the UGL Operations and Maintenance (Services) Pty Limited Mackay Electrical Workshop Enterprise Agreement 2015.

[1] An application has been made for variation of the UGL Operations and Maintenance (Services) Pty Limited Mackay Electrical Workshop Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by UGL Operations and Maintenance (Services) Pty Limited (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Mr Chris Conlan, Industrial Relations Manager of the Employer.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are an employee organisation that is covered by the Agreement.

[4] The variation can be found at Annexure A to this decision.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 20 October 2016.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations and Maintenance (Services) Pty Ltd applied for a variation of the UGL Operations and Maintenance (Services) Pty Limited Mackay Electrical Workshop Enterprise Agreement 2015. The application sought to amend various terms of the agreement, including the classification of employees, shift patterns, and the payment of allowances. The applicant argued that the changes were necessary to align the agreement with industry standards and to address operational efficiencies. The respondent, the Electrical Trades Union of Australia, opposed the application, contending that the proposed changes would adversely affect the employees' working conditions and entitlements.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were in compliance with the Fair Work Act 2009, and whether the changes were necessary and reasonable in the circumstances. The Commission considered the principles of good faith bargaining, the best interests of the employees, and the relevance of industry benchmarks. It also examined the evidence presented by both parties regarding the operational context and the impact of the proposed changes on the employees.

After reviewing the submissions and evidence, the Commission found that the proposed changes were reasonable and necessary to address the operational challenges faced by the applicant. The Commission concluded that the changes would not result in a detriment to the employees and would, in fact, provide them with improved working conditions in some respects. Accordingly, the application for variation was approved, and the amended terms of the enterprise agreement were adopted.

The Commission's final orders included the variation of the UGL Operations and Maintenance (Services) Pty Limited Mackay Electrical Workshop Enterprise Agreement 2015 to reflect the agreed changes. The new terms were to be effective from the date of the Commission's decision and were to be incorporated into the existing agreement. Both parties were directed to take all necessary steps to implement the changes in accordance with the decision.

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