DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd
(AG2016/6849)

UGL OPERATIONS AND MAINTENANCE PTY LTD KOORAGANG ISLAND ELECTRICAL ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the UGL Operations and Maintenance Pty Ltd Kooragang Island Electrical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Kooragang Island Electrical Enterprise Agreement 2016 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Full Bench of the Fair Work Commission concerns UGL Operations and Maintenance Pty Ltd and the dispute regarding the approval of the UGL Operations and Maintenance Pty Ltd Kooragang Island Electrical Enterprise Agreement 2016. The applicant, UGL Operations and Maintenance Pty Ltd, sought the approval of the enterprise agreement under the Fair Work Act 2009. The application was opposed by the Electrical Trades Union of Australia, which argued that the agreement did not meet the requirements of the Act.

The legal issues the court had to decide included whether the agreement met the standards for direct registration, and whether the application complied with the procedural requirements under the Fair Work Act. Key considerations were the agreement's coverage of appropriate bargaining units, the negotiation process, and whether the agreement provided for fair and reasonable terms and conditions. Additionally, the court had to determine whether the application was properly made, with all necessary documents and information provided.

The Full Bench of the Fair Work Commission found that the application met the requirements of the Act. The court concluded that the agreement was appropriately negotiated, covered the correct bargaining units, and provided for fair and reasonable terms and conditions. The process of negotiation was deemed to have been conducted in good faith, and the agreement satisfied the necessary criteria for direct registration. The procedural requirements of the application were also met, with all necessary documentation and information provided. Consequently, the Full Bench approved the UGL Operations and Maintenance Pty Ltd Kooragang Island Electrical Enterprise Agreement 2016 for registration.

The court ordered that the enterprise agreement be registered under the Fair Work Act, effective from the date of the decision. The decision provides certainty for the parties involved and ensures that the terms and conditions of employment are governed by a legally recognised agreement.

UGL Operations & Maintenance 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