UGL Operations and Maintenance (Services) Pty Ltd

[2023] FWCA 179

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

(AG2022/5492)

UGL FIELD SERVICES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 19 JANUARY 2023

Application for approval of the UGL Field Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the UGL Field Services Enterprise Agreement 2022 (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.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the ETU); the Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 19 January 2024.

COMMISSIONER

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CaseChat Overview and Summary

UGL Operations and Maintenance (Services) Pty Ltd brought an application for approval of the UGL Field Services Enterprise Agreement 2022 to the Fair Work Commission. The parties involved were UGL Operations and Maintenance (Services) Pty Ltd, the employer, and UGL Field Services Pty Ltd as the relevant trade union. The dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement, which sought to govern the employment of certain workers in the field services sector.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of procedural fairness, and whether it provided for the proper and effective protection of employees' rights and interests. The Commission had to consider the balance of rights and obligations under the agreement, as well as the extent to which it provided for fair and reasonable terms and conditions of employment.

The Commission found that the application satisfied the procedural requirements, and the proposed agreement was fair and reasonable in all its terms. The Commission took into account various factors, including the bargaining positions of the parties, the nature of the work, and the overall fairness of the agreement. The Commission concluded that the agreement provided for appropriate protections for employees and did not undermine the fundamental rights of workers. Accordingly, the Commission approved the UGL Field Services Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established