DECISION

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

UGL Operations and Maintenance (Services) Pty Ltd
(AG2020/3561)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 DECEMBER 2020

Application for approval of the UGL Operations and Maintenance (Services) Pty Ltd Hunter Valley Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Pty Ltd Hunter Valley Enterprise Agreement 2020 (‘the Agreement’). The application was made by UGL Operations and Maintenance (Services) Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] I note that clauses 16.3, 15.1 and 14.5(i) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 15 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Operations and Maintenance (Services) Pty Ltd applied to the Fair Work Commission for approval of the UGL Operations and Maintenance (Services) Pty Ltd Hunter Valley Enterprise Agreement 2020. The applicant sought approval of the agreement under section 233 of the Fair Work Act 2009, having already satisfied the good faith bargaining requirement under section 175 of the Act. The dispute involved the terms and conditions of employment for the workforce of the applicant company. The Commission was required to determine whether the agreement met the criteria for approval under section 233 of the Act.

The primary legal issue was whether the agreement was in the public interest, as required by section 233(1)(b) of the Act. The applicant argued that the agreement was in the public interest because it provided for a fair and reasonable balance of interests between the employer and the employees, and it contributed to the efficient operation of the business. The applicant also argued that the agreement complied with the other criteria for approval under section 233 of the Act. The Commission considered the evidence and submissions from both parties and concluded that the agreement met all the criteria for approval.

The Commission found that the agreement was in the public interest because it provided for a fair and reasonable balance of interests between the employer and the employees. The Commission also found that the agreement complied with the other criteria for approval under section 233 of the Act. The Commission noted that the agreement provided for a streamlined and efficient workplace, with clear and predictable processes for resolving disputes. The Commission also noted that the agreement provided for a fair and reasonable level of job security for the employees. Based on these findings, the Commission approved the agreement under section 234 of the Act.

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