UGL Operations & Maintenance Pty Ltd T/A UGL Limited

[2014] FWCA 2380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd T/A UGL Limited
(AG2014/3920)

UGL OPERATIONS & MAINTENANCE PTY LTD BP REFINERY (KWINANA) SITE MAINTENANCE AND MODIFICATION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 28 APRIL 2014

Application for approval of the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2013 (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 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 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Operations & Maintenance Pty Ltd, trading as UGL Limited, applied to the Fair Work Commission for the approval of the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2013. The applicant sought the approval of this enterprise agreement as part of its operations at the BP Refinery in Kwinana, Western Australia. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions outlined in the proposed agreement, specifically whether these terms were fair and reasonable under the applicable industrial laws.

The primary legal issue the court had to determine was whether the proposed enterprise agreement was fair and reasonable. This involved assessing if the agreement met the criteria set out in the Fair Work Act 2009. The court had to consider whether the agreement provided for appropriate levels of pay, benefits, conditions of employment, and other matters, while also ensuring that it did not disadvantage any party in an unreasonable manner. The court also needed to ensure that the agreement complied with the procedural requirements for enterprise agreements under the Fair Work Act.

The Fair Work Commission examined the terms of the proposed agreement in detail, taking into account the submissions from both parties. The court found that the agreement provided fair and reasonable terms and conditions for the employees. It was concluded that the agreement met the necessary criteria for approval under the Fair Work Act. The commission determined that the proposed agreement did not disadvantage any party in an unreasonable manner and that it complied with all procedural requirements. Therefore, the application for approval was successful.

As a result of the court's decision, the UGL Operations & Maintenance Pty Ltd BP Refinery (Kwinana) Site Maintenance and Modification Enterprise Agreement 2013 was approved. The agreement now legally binds the employer and the employees, setting out the terms and conditions of employment for those working at the BP Refinery in Kwinana.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established