UGL Operations and Maintenance (Services) Pty Ltd

[2014] FWCA 1292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance (Services) Pty Ltd
(AG2014/3625)

UGL OPERATIONS AND MAINTENANCE (SERVICES) HUNTER VALLEY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 FEBRUARY 2014

Application for approval of the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by UGL Operations & Maintenance (Services) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 January 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 February 2014. The nominal expiry date of the Agreement is 31 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance (Services) Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2013, which was intended to regulate the employment conditions of its employees. The application was brought before the Commission following the conclusion of a bargaining process between the employer and the Australian Manufacturing Workers' Union, which represented the employees. The union sought to have the agreement approved, while the employer did not oppose the application but raised concerns about certain provisions of the agreement.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it was a "good faith" agreement that provided for a fair and efficient workplace. The Commission had to consider whether the agreement provided for a fair and efficient workplace, and whether it was made in good faith. Additionally, the Commission needed to ensure that the agreement did not discriminate against any employee or group of employees, and that it provided for a fair and efficient process for resolving workplace disputes.

After examining the agreement and hearing submissions from both parties, the Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. The Commission noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for a fair and efficient process for resolving workplace disputes. The Commission also found that the agreement did not discriminate against any employee or group of employees, and that it provided for a fair and efficient process for resolving workplace disputes. Therefore, the Commission approved the agreement under section 175 of the Fair Work Act.

The Commission's decision to approve the UGL Operations and Maintenance (Services) Hunter Valley Enterprise Agreement 2013 provides guidance to employers and unions on the requirements for a good faith agreement that provides for a fair and efficient workplace. The decision also highlights the importance of ensuring that enterprise agreements do not discriminate against any employee or group of employees, and that they provide for a fair and efficient process for resolving workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established