DECISION

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

UGL Operations and Maintenance (Services) Pty Ltd
(AG2014/10247)

UGL OPERATIONS & MAINTENANCE (SERVICES) PTY LIMITED FIELD SERVICES ENTERPRISE AGREEMENT (QLD) 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 DECEMBER 2014

Application for approval of the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 December 2014 by UGL Operations and Maintenance (Services) Pty Ltd for the approval of a single-enterprise agreement known as the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2014(“the Agreement”).

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

[3] The Construction, Forestry, Mining and Energy Union (“the CFMEU”), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU, AMWU and CEPU.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UGL Operations and Maintenance (Services) Pty Ltd, sought approval of the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2014 under the Fair Work Act 2009. The application was heard in the Fair Work Commission, presided over by Commissioner J.M. Gilmour. The applicant argued that the agreement should be approved as it was a good-faith bargain that appropriately balances the interests of the employer and employees.

The legal issues before the court involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider if the agreement was a genuine bargain made in good faith, if it provided for minimum terms and conditions of employment, and if it was free from prohibited content. The court also needed to ensure that the agreement complied with the provisions of the Act regarding the resolution of disputes and the protection of employees' rights.

The Fair Work Commission considered the evidence presented by the parties and reviewed the agreement in detail. The Commission found that the agreement was a genuine bargain made in good faith, with appropriate consideration given to the interests of both the employer and employees. The agreement was deemed to provide for the minimum terms and conditions of employment and did not contain any prohibited content. The Commission was satisfied that the agreement complied with the statutory requirements for approval under the Fair Work Act 2009. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2014, effective from the date of the Commission's decision. The agreement is now legally binding on the parties and provides the basis for the terms and conditions of employment for the employees covered by the agreement.

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