DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd
(AG2018/6140)

UGL ORICA KOORAGANG ISLAND ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 11 MARCH 2019

Application for approval of the UGL Orica Kooragang Island Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the UGL Orica Kooragang Island Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2019. The nominal expiry date of the Agreement is 17 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations & Maintenance Pty Ltd sought approval of the UGL Orica Kooragang Island Enterprise Agreement 2018. The agreement was intended to govern the employment terms of workers at the Kooragang Island facility. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to resolve included whether the agreement had been made in accordance with the procedural fairness requirements, whether it provided for minimum entitlements and safety nets as required by law, and whether it was genuinely negotiated between the parties. Additionally, the Commission needed to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

The Commission found that the agreement had been genuinely negotiated and met the procedural fairness requirements. It also determined that the agreement provided for minimum entitlements and safety nets as required by law. However, the Commission did not approve certain provisions of the agreement that it found to be contrary to public policy or otherwise unlawful. Ultimately, the Commission approved the agreement with modifications to remove the problematic provisions. The parties were directed to implement the modified agreement and provide the Commission with evidence of compliance.

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