UGL Operations & Maintenance Pty Ltd T/A UGL Limited

[2014] FWCA 7620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd T/A UGL Limited
(AG2014/9283)

UGL OPERATIONS & MAINTENANCE AMC FACILITIES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 OCTOBER 2014

Application for approval of the UGL Operations & Maintenance AMC Facilities Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations & Maintenance AMC Facilities Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved UGL Operations & Maintenance Pty Ltd, trading as UGL Limited, which sought approval of the UGL Operations & Maintenance AMC Facilities Enterprise Agreement 2014. The dispute was brought before the Fair Work Commission, Australia's workplace relations tribunal, to determine whether the agreement should be certified as a simple, streamlined, and modern workplace agreement. The agreement was aimed at employees who are part of the Australian Manufacturing Workers Union.

The primary legal issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to ascertain if the agreement was a genuine enterprise agreement, whether it provided for fair terms and conditions, and if it adhered to the standards set out in the Act. The applicant argued that the agreement was fair and met the necessary criteria, while no objections were raised by any other party.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that provided for fair terms and conditions of employment. The Commission was satisfied that the agreement was made in good faith, and that it did not discriminate against any particular group of employees. The Commission also noted that the agreement contained provisions that were consistent with the relevant national employment standards. As a result, the Fair Work Commission approved the UGL Operations & Maintenance AMC Facilities Enterprise Agreement 2014 as a simple, streamlined, and modern workplace agreement.

The Commission's final order was that the UGL Operations & Maintenance AMC Facilities Enterprise Agreement 2014 be approved and registered as a simple, streamlined, and modern workplace agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the fourth calendar month after the registration date and would remain in effect until the earlier of the agreement's expiry or the making of a new enterprise agreement. The approval granted by the Fair Work Commission ensured that the terms and conditions of employment for the employees covered by the agreement would be governed by the agreed-upon provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established