UGL Operations and Maintenance (Services) Pty Ltd Summary

[2013] FWCA 9498

FAIR WORK COMMISSION

DECISION

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

UGL Operations and Maintenance (Services) Pty Ltd
(AG2013/10123)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LTD MACKAY MECHANICAL WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 DECEMBER 2013

Application for approval of the UGL Operations and Maintenance (Services) Pty Ltd Mackay Mechanical Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Pty Ltd Mackay Mechanical Workshop Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[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 Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 2 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 31 October 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations and Maintenance (Services) Pty Ltd, a mechanical workshop, sought approval of the 2014 Enterprise Agreement from the Fair Work Commission. The application was made by the employer, who argued that the proposed agreement was fair and reasonable in all its terms. The Australian Manufacturing Workers' Union opposed the application, contending that certain provisions were unfair and did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was fair and reasonable, and if it complied with the requirements of the Fair Work Act. The Commission needed to consider various provisions of the agreement, including those related to wages, conditions, and dispute resolution. The Commission also needed to determine if the agreement met the criteria for being deemed fair and reasonable.

The Fair Work Commission found that the majority of the provisions in the agreement were fair and reasonable. However, it identified certain provisions that did not meet the requirements of the Fair Work Act, particularly those relating to the classification of employees and the process for resolving disputes. The Commission considered the parties' submissions and evidence, and after careful analysis, determined that the agreement, with some modifications, was fair and reasonable. The Commission approved the agreement subject to certain changes to ensure compliance with the Act.

The Fair Work Commission approved the Enterprise Agreement, subject to the modifications made to certain provisions. The changes included the clarification of employee classification and the adoption of a more robust dispute resolution process. The employer and the union were directed to implement the modified agreement, and the Commission noted that any further disputes would need to be resolved in accordance with the agreed-upon process. The decision provides guidance on the requirements for approving enterprise agreements and the importance of ensuring compliance with the Fair Work Act.

UGL Operations and Maintenance (Services) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established