UGL Operations & Maintenance Pty Ltd Summary

[2014] FWCA 4130

FAIR WORK COMMISSION

DECISION

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

UGL Operations & Maintenance Pty Ltd
(AG2014/1363)

UGL OPERATIONS AND MAINTENANCE PTY LTD CALTEX KURNELL ELECTRICAL ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 23 JUNE 2014

Application for approval of the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Electrical Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Electrical Enterprise Agreement 2014 (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 & Maintenance Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Fair Work Commission received correspondence dated 18 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the National Industrial Relations Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations & Maintenance Pty Ltd sought approval of the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Electrical Enterprise Agreement 2014. The application was brought under the Fair Work Act 2009, which mandates that enterprise agreements be approved if they meet certain criteria. The Commission was required to determine if the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) compliant agreement. The BOOT test ensures that employees are not worse off financially under the terms of the enterprise agreement compared to their previous conditions of employment. The Commission had to examine the proposed agreement's provisions to ensure it met the necessary standards for approval, including provisions on wages, working conditions, and other employee benefits.

The Commission found that the proposed agreement did meet the BOOT requirement and other statutory criteria. The agreement provided for fair wages and conditions, ensuring that employees were not disadvantaged. The Commission also noted the parties' cooperative approach in negotiating the agreement. Consequently, the Commission approved the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Electrical Enterprise Agreement 2014, finding it to be in compliance with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the UGL Operations and Maintenance Pty Ltd Caltex Kurnell Electrical Enterprise Agreement 2014, effective from the date of the decision. This approval allowed the agreement to be registered with the Commission and binding on the parties involved.

UGL Operations & Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established