UGL Operations and Maintenance (Services) Pty Ltd Summary

[2023] FWCA 2175

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

(AG2023/1960)

UGL GLNG ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER DURHAM	BRISBANE, 14 JULY 2023

Application for approval of the UGL GLNG Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the UGL GLNG 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) 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 it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU 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

UGL Operations and Maintenance (Services) Pty Ltd applied to the Fair Work Commission to approve the UGL GLNG Enterprise Agreement 2023. The application was brought by the employer, UGL Operations and Maintenance (Services) Pty Ltd, under section 234 of the Fair Work Act 2009. The primary issue was whether the agreement met the requirements for registration under the Fair Work Act 2009, including whether it provided for the minimum terms and conditions of employment and was free from prohibited content.

The Commission examined the agreement to determine if it complied with the statutory criteria. It considered whether the agreement included minimum terms and conditions, such as rates of pay, leave entitlements, and other employment conditions, and whether it contained any provisions that were prohibited by the Fair Work Act 2009, such as those that discriminate or are otherwise unlawful. The Commission also assessed whether the agreement had been made in good faith and whether it had been appropriately certified by the Australian Building and Construction Commission.

The Commission found that the UGL GLNG Enterprise Agreement 2023 met the requirements for registration. It included all the necessary minimum terms and conditions, did not contain any prohibited content, and had been made in good faith. The Commission was satisfied that the agreement had been appropriately certified and therefore approved the agreement under section 234 of the Fair Work Act 2009. The agreement was registered and became effective from the date of the Commission's decision.

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