DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd
(AG2019/3686)

UGL ALCOA MECHANICAL ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 30 OCTOBER 2019

Application for approval of the UGL Alcoa Mechanical Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UGL Alcoa Mechanical Enterprise Agreement 2019 (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 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2019. The nominal expiry date of the Agreement is 6 November 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations & Maintenance Pty Ltd applied for approval of the UGL Alcoa Mechanical Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009, and the respondent, United Voice, representing the employees, did not object to the application. The dispute centred on the terms of the enterprise agreement, which was to cover employees employed in the mechanical maintenance and operations at UGL's Alcoa site. The court had to determine whether the agreement met the legal requirements for approval under the Fair Work Act.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements for enterprise agreements under the Fair Work Act. Procedurally, the agreement had to be certified by the Commission, which involved ensuring that the agreement had been made with genuine independent employee and employer representatives, and that the agreement had been properly negotiated. Substantively, the court had to assess whether the agreement contained permissible terms and conditions, including provisions on pay and conditions, dispute resolution, and other workplace matters.

The court found that the agreement had been made in accordance with the legal requirements. It was certified by the Commission, indicating that it had been genuinely negotiated and was made without any coercion or improper influence. The court also noted that the agreement contained permissible terms and conditions, which were fair and reasonable in all the circumstances. The court approved the agreement, stating that it provided for the fair and efficient operation of the workplace and met the statutory requirements for enterprise agreements.

The final orders of the court were that the UGL Alcoa Mechanical Enterprise Agreement 2019 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would become effective from the date of registration. The court's decision provided certainty for both the employer and employees, ensuring that the agreement would govern their workplace relations moving forward.

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