UGL Operations and Maintenance (Services) Pty Ltd

[2023] FWCA 2465

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

(AG2023/2348)

UGL APLNG ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 7 AUGUST 2023

Application for approval of the UGL APLNG Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the UGL APLNG Enterprise Agreement 2023 (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 and Maintenance (Services) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Communications, Electrical, Electronic Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), Australian Workers’ Union (AWU), and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU, AWU, and AMWU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves UGL Operations and Maintenance (Services) Pty Ltd, which sought approval of the UGL APLNG Enterprise Agreement 2023. The application was made in the Fair Work Commission, the relevant tribunal tasked with overseeing the implementation of Australia's industrial relations laws. The dispute centred on whether the agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009.

The central legal issues the Commission was required to address included whether the agreement was genuinely bargained, whether it complied with the relevant provisions of the Fair Work Act, and whether it provided appropriate protections and benefits to the employees covered by the agreement. The Commission also had to consider the fairness of the agreement, examining its provisions to ensure they did not unduly disadvantage any party.

In its decision, the Commission carefully reviewed the evidence and arguments presented by both parties. It found that the agreement was genuinely negotiated between the employer and the employees' representatives and that it complied with the statutory requirements. The Commission determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the workplace and the parties involved. The Commission concluded that the agreement was in the best interests of the employees and approved it, thereby resolving the dispute.

The final orders included the approval of the UGL APLNG Enterprise Agreement 2023, which would now serve as the governing industrial instrument for the employees of UGL Operations and Maintenance (Services) Pty Ltd involved in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established