DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance (Services) Pty Ltd
(AG2015/6104)

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

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Pty Limited Mackay Electrical Workshop Enterprise Agreement 2015 (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 & Maintenance (Services) Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Agreement was approved on 18 November 2015 and, in accordance with s.54, will operate from 25 November 2015. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the UGL Operations and Maintenance (Services) Pty Limited Mackay Electrical Workshop Enterprise Agreement 2015 was heard in the Fair Work Commission. The applicant, UGL Operations and Maintenance (Services) Pty Ltd, sought the approval of the enterprise agreement, which was made between the company and the Electrical Trades Union of Australia. The nature of the dispute centred around the procedural fairness of the bargaining process and the compliance of the agreement with the requirements of the Fair Work Act 2009.

The legal issues that the Fair Work Commission needed to decide included whether the enterprise agreement was made in accordance with the provisions of the Fair Work Act and whether the bargaining process was procedurally fair. Key considerations involved the proper identification of bargaining representatives, the adequacy of the consultation process, and the fairness of the agreement terms. The Commission also examined whether the agreement met the criteria for registration under the Act, including whether it contained only matters that are bargainable under the Fair Work Act.

The Fair Work Commission concluded that the enterprise agreement was made in accordance with the Fair Work Act and that the bargaining process was procedurally fair. The Commission found that the employer had appropriately identified the bargaining representatives and that there was sufficient consultation with the employees. The agreement was deemed to comply with the requirements of the Act, and the terms were considered fair and reasonable. Consequently, the application for the approval of the UGL Operations and Maintenance (Services) Pty Limited Mackay Electrical Workshop Enterprise Agreement 2015 was granted.

In light of the findings, the Fair Work Commission approved the enterprise agreement, which will now be registered and will have legal effect from the specified commencement date. The agreement will govern the employment conditions of the employees in the Mackay Electrical Workshop for the duration of its term. The Commission's decision ensures that the agreement is legally binding and enforceable, providing clarity and stability for both the employer and the employees.

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