UGL Rail Fleet Services Pty Limited

[2014] FWCA 5563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Fleet Services Pty Limited
(AG2014/8493)

UGL RAIL FLEET SERVICES PTY LTD ENTERPRISE AGREEMENT 1 JUNE 2014 - 31 MAY 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the UGL Rail Fleet Services Pty Ltd Enterprise Agreement 1 June 2014 - 31 May 2016.

[1] An application has been made for approval of an enterprise agreement known as the UGL Rail Fleet Services Pty Ltd Enterprise Agreement 1 June 2014 - 31 May 2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by UGL Rail Fleet Services Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 31 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Rail Fleet Services Pty Limited, an employer, sought the Fair Work Commission’s approval of an enterprise agreement with its employees. The application was made under section 230 of the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the requirements of the Act. The nature of the dispute centred on the provisions of the agreement concerning the classification and remuneration of employees, and the process for resolving disputes.

The primary legal issues for the Commission to decide were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements outlined in the Fair Work Act. This included assessing whether the agreement contained mandatory provisions, if it had been negotiated in good faith, and whether it was free from any invalid or unenforceable terms. Furthermore, the Commission needed to consider if the agreement provided adequate protections for employees and whether it facilitated a harmonious workplace.

In making its decision, the Commission considered the submissions from both the employer and the employees, as well as the terms of the agreement itself. The Commission noted that the agreement contained provisions for the classification and remuneration of employees, as well as dispute resolution mechanisms. The Commission found that the agreement was fair and reasonable, had been negotiated in good faith, and complied with the statutory requirements. The Commission also found that the agreement provided adequate protections for employees and facilitated a harmonious workplace. As such, the Commission approved the enterprise agreement under section 231 of the Fair Work Act.

The final orders of the Commission were that the UGL Rail Fleet Services Pty Ltd Enterprise Agreement 1 June 2014 - 31 May 2016 be approved as a registered agreement under section 231 of the Fair Work Act 2009, effective from 1 June 2014 until 31 May 2016. The agreement was to be registered by the Commission and published on its website. The employer was directed to provide a copy of the registered agreement to each of its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established