UGL Operations & Maintenance (Services) Pty Ltd

[2023] FWCA 1105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations & Maintenance (Services) Pty Ltd

(AG2023/924)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LIMITED CFMEU AND AMWU YALLOURN POWER STATION AND OPEN CUT MINE 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2023

Application for approval of the UGL Operations and Maintenance (Services) Pty Limited CFMEU and AMWU Yallourn Power Station and Open Cut Mine 2023

UGL Operations & Maintenance (Services) Pty Ltd has made an application for approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Pty Limited CFMEU and AMWU Yallourn Power Station and Open Cut Mine 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the AMWU and the CFMEU and therefore covers these organisations (see s 53(2)(b)).

The Agreement was approved on 17 April 2023 and, in accordance with s 54, will operate from 24 April 2023. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved UGL Operations & Maintenance (Services) Pty Ltd, a company engaged in operations and maintenance services at the Yallourn Power Station and Open Cut Mine, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the application for approval of an enterprise agreement proposed by the company, which aimed to govern the terms and conditions of employment for the workers involved. The Fair Work Commission was tasked with assessing whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for good faith bargaining and procedural fairness.

The primary legal issues before the Commission were whether the proposed agreement was genuinely negotiated and whether it contained all the necessary terms required by the Fair Work Act. The Commission had to consider whether the bargaining process was conducted in good faith, whether the agreement was free from any unfair or coercive practices, and whether the agreement included all the essential terms as specified in the legislation. Additionally, the Commission had to ensure that the agreement was fair and reasonable in all its aspects, taking into account the economic and social context of the employment relationship.

In delivering its decision, the Commission found that the bargaining process was conducted in good faith and that the proposed agreement was genuinely negotiated between the parties. The Commission determined that the agreement contained all the required terms and was free from any unfair practices. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the needs of the employees. Consequently, the Commission approved the enterprise agreement, which will now govern the employment conditions for the workers at Yallourn Power Station and Open Cut Mine.

The Fair Work Commission approved the proposed enterprise agreement between UGL Operations & Maintenance (Services) Pty Ltd and the CFMEU and AMWU. The decision confirmed that the agreement was genuinely negotiated in good faith and contained all the necessary terms as required by the Fair Work Act. The Commission's approval ensures that the agreement will now serve as the governing document for the employment conditions of the workers at the Yallourn Power Station and Open Cut Mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established