UGL Operations and Maintenance (Services) Pty Ltd Summary

[2024] FWCA 4633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance (Services) Pty Ltd

(AG2024/4914)

UGL MUJA POWER SERVICES SITE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 20 DECEMBER 2024

Application for approval of the UGL Muja Power Services Site Enterprise Agreement 2024

UGL Operations and Maintenance (Services) Pty Ltd has applied for approval of an enterprise agreement known as the UGL Muja Power Services Site Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”) were bargaining representatives for the Agreement. The CEPU supports approval of the Agreement. The AMWU did not put a position in that respect.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The AMWU and CEPU have each given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2) of the Act, I note that the Agreement covers the AMWU and CEPU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 27 December 2024. The nominal expiry date of the Agreement 20 December 2028.

COMMISSIONER

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 Muja Power Services Site Enterprise Agreement 2024. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement appropriately balanced the interests of employees and the employer, ensured fair treatment, and complied with relevant legislative provisions.

The primary legal issues before the Commission were whether the agreement provided for appropriate levels of employee consultation, if it ensured fair and reasonable treatment of employees, and whether it met the requirements for registration as set out in the Fair Work Act. The Commission also considered the fairness of the agreement in terms of its impact on employees' working conditions, remuneration, and the protection of employee rights. The analysis required careful examination of the specific provisions of the agreement, alongside any relevant precedents and statutory obligations.

After reviewing the application and submissions from both parties, the Commission found that the UGL Muja Power Services Site Enterprise Agreement 2024 met the necessary criteria for approval. The agreement was deemed to appropriately balance the interests of both employers and employees, provide for adequate consultation mechanisms, and ensure fair treatment. The Commission determined that the agreement complied with the requirements of the Fair Work Act and would not have an adverse effect on employees. Consequently, the Commission approved the agreement, recognising its compliance with the relevant legislative framework and its fairness in addressing the interests of all parties involved.

The Fair Work Commission approved the UGL Muja Power Services Site Enterprise Agreement 2024, confirming its compliance with the Fair Work Act and its fairness in balancing the interests of the employer and employees.

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