DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance (Services) Pty Ltd
(AG2020/4010)

UGL OPERATIONS & MAINTENANCE (SERVICES) PTY LIMITED FIELD SERVICES ENTERPRISE AGREEMENT (QLD) 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 25 FEBRUARY 2021

Application for approval of the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2020.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2020 (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 Agreement is a single-enterprise agreement.

[2] 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.

[3] The CEPU, AMWU, and the CFMMEU, being bargaining representatives 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) of the Act I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations and Maintenance (Services) Pty Ltd applied for the approval of the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2020. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for field service employees within UGL's Queensland operations. The applicant argued that the agreement was in the best interests of the employees and the company, while no registered organisation or individual employee contested the application.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval. This involved assessing whether the agreement provided for the proper regulation of terms and conditions of employment, did not permit terms and conditions that were less favourable than the relevant modern award, and did not undermine the operation of the modern award. The Commission also needed to determine whether the agreement was made in good faith and provided for proper mechanisms for the resolution of disputes.

The Fair Work Commission found that the agreement contained terms and conditions that were not less favourable than the relevant modern award, and it provided for proper mechanisms for dispute resolution. The Commission was satisfied that the agreement was made in good faith and was in the best interests of the employees. The application was approved, and the agreement was registered. The Commission emphasised the importance of maintaining fair and reasonable terms and conditions of employment while allowing for flexibility in the workplace.

The Fair Work Commission approved the UGL Operations & Maintenance (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2020. The agreement was registered, and it will now apply to the field service employees of UGL in Queensland. The decision reinforces the importance of ensuring that enterprise agreements meet the statutory criteria for approval and that they are in the best interests of both employers and employees.

UGL Operations and Maintenance (Services) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established