UGL Operations & Maintenance (Services) Pty Ltd

[2023] FWCA 1086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations & Maintenance (Services) Pty Ltd

(AG2023/925)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LIMITED LOY YANG STATION MECHANICAL (AMWU & CFMEU) ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2023

Application for approval of the UGL Operations and Maintenance (Services) Pty Limited Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 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 Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 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, Maritime, 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 14 April 2023 and, in accordance with s 54, will operate from 21 April 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Operations & Maintenance (Services) Pty Ltd sought approval of the UGL Operations and Maintenance (Services) Pty Limited Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2023. The applicants, UGL Operations & Maintenance (Services) Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of the proposed enterprise agreement, including pay rates, leave entitlements, and other employment-related matters. The respondents, Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on the basis that certain provisions of the agreement did not meet the requirements for a modern award.

The legal issues the court had to decide were whether the provisions of the proposed enterprise agreement complied with the Fair Work Act and whether the agreement provided for a safety net of minimum terms and conditions. The court examined whether the agreement included all the prescribed minimum entitlements, provided a safety net for employees, and adhered to the process for approving enterprise agreements. The court also considered the evidence and submissions from both parties regarding the fairness and reasonableness of the agreement's terms.

The court found that the proposed enterprise agreement met the requirements for approval under the Fair Work Act. It determined that the agreement provided for a safety net of minimum terms and conditions, included all prescribed minimum entitlements, and adhered to the process for approving enterprise agreements. The court considered the evidence presented by both parties and concluded that the agreement was fair and reasonable. Consequently, the Fair Work Commission approved the UGL Operations and Maintenance (Services) Pty Limited Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2023. The final orders included the approval of the enterprise agreement, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established