UGL Operations & Maintenance Pty Ltd

[2023] FWCA 1192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd

(AG2023/1080)

UGL ALCOA MECHANICAL ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT BELL	MELBOURNE, 27 APRIL 2023

Application for approval of the UGL Alcoa Mechanical Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the UGL Alcoa Mechanical Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, UGL Operations & Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

The Agreement was approved on 27 April 2023 and, in accordance with s.54 of the Act, will operate from 4 May 2023. The nominal expiry date of the Agreement is 3 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved UGL Operations & Maintenance Pty Ltd, with the dispute centering on the approval of the UGL Alcoa Mechanical Enterprise Agreement 2023. The application for the approval was made in the Fair Work Commission, a federal workplace relations tribunal in Australia. The applicant, UGL Operations & Maintenance, sought the court's approval of the proposed enterprise agreement, which was intended to govern the employment conditions of the mechanical workers at UGL Alcoa.

The legal issues before the court involved determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the procedural fairness and the substantive fairness of the agreement. The court had to consider whether the agreement was negotiated in good faith, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the applicable minimum standards. Additionally, the court assessed the agreement against the criteria for approval set out in the Fair Work Act, including whether the agreement facilitated the efficient operation of the enterprise.

The Fair Work Commission, in delivering its decision, found that the proposed enterprise agreement met all the necessary legal criteria for approval. The court noted that the agreement was negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment for the mechanical workers. The commission found that the agreement complied with the minimum standards prescribed by the Fair Work Act and that it facilitated the efficient operation of the enterprise. The commission also considered the evidence presented by both parties and the views of relevant stakeholders, concluding that the agreement was in the best interests of the employees and the enterprise.

As a result, the Fair Work Commission approved the UGL Alcoa Mechanical Enterprise Agreement 2023. The approved agreement will now govern the employment conditions of the mechanical workers at UGL Alcoa, providing them with the terms and conditions set out in the agreement. The decision serves as a binding resolution to the application and ensures that the agreement will be implemented in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established