DECISION

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

UGL Operations & Maintenance Pty Ltd
(AG2015/659)

UGL OPERATIONS & MAINTENANCE PTY LTD UPSTREAM CONSTRUCTION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 MARCH 2015

Application for approval of the UGL Operations & Maintenance Pty Ltd Upstream Construction Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 March 2015 by UGL Operations & Maintenance Pty Ltd for the approval of a Greenfields agreement known as the UGL Operations & Maintenance Pty Ltd Upstream Construction Enterprise Agreement 2014(“the Agreement”).

[2] Statutory declarations were provided by:

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] 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.

[5] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UGL Operations & Maintenance Pty Ltd, applied for the approval of the UGL Operations & Maintenance Pty Ltd Upstream Construction Enterprise Agreement 2014. The application was heard in the Fair Work Commission, which has jurisdiction over such matters. The dispute arose between the applicant company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The court had to determine if the agreement contained all the mandatory terms prescribed by the Act and whether it was fair and reasonable. In particular, the court examined whether the agreement provided for appropriate minimum rates of pay, classification of employees, and other employment conditions. The court also considered whether the agreement facilitated efficient and effective workplace relations, as required by the Act. The court examined the submissions and evidence from both parties to assess if the proposed agreement met the legislative criteria.

The Fair Work Commission concluded that the agreement substantially complied with the Act and met the statutory requirements. The court found that the agreement provided for appropriate minimum rates of pay, employee classification, and other employment conditions. The court also determined that the agreement facilitated efficient and effective workplace relations. Therefore, the court approved the UGL Operations & Maintenance Pty Ltd Upstream Construction Enterprise Agreement 2014.

The court ordered that the agreement be approved and registered under the Fair Work Act 2009. The agreement was to apply to the employees of UGL Operations & Maintenance Pty Ltd covered by the application, and it was to come into effect from the date of the approval. The court's decision provided clarity and certainty for the parties involved and ensured that the agreement met the necessary legal requirements.

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