DECISION

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

UGL Operations & Maintenance Pty Ltd
(AG2015/610)

UGL OPERATIONS & MAINTENANCE PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2014 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MARCH 2015

Application for approval of the UGL Operations & Maintenance Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 March 2015 by UGL Operations & Maintenance Pty Ltd for the approval of a Greenfields agreement known as the UGL Operations & Maintenance Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015(“the Agreement”).

[2] A statutory declaration was provided by 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 this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU is 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

In the matter of UGL Operations & Maintenance Pty Ltd, the Australian Industrial Relations Commission was asked to approve the UGL Operations & Maintenance Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015. The agreement was submitted by UGL Operations & Maintenance Pty Ltd and the CEPU Electrical Division of Queensland. The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to its coverage of employees, terms and conditions, and compliance with the Better Off Overall Test (BOOT).

The court had to decide whether the agreement provided for a fair and reasonable set of terms and conditions for the employees involved. This included assessing whether the agreement met the BOOT, which requires that employees be no worse off financially and at least as well off in other terms and conditions of employment compared to the applicable award or registered agreement. The court also had to consider whether the agreement was free from prohibited content and whether the necessary steps were taken to ensure that employees had sufficient information to make an informed decision on whether to accept or reject the agreement.

The court found that the agreement was fair and reasonable, meeting the BOOT, and did not contain any prohibited content. It was satisfied that the necessary steps had been taken to ensure employees were adequately informed. The court highlighted that the agreement provided for fair terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Consequently, the court approved the agreement.

The final orders of the court were that the UGL Operations & Maintenance Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2014 - 2015 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would apply to the employees covered by the 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