UGL Rail Fleet Services Pty Ltd

[2013] FWCA 6594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Fleet Services Pty Ltd
(AG2013/7907)

UGL RAIL FLEET SERVICES PTY LTD ENTERPRISE AGREEMENT 1 JUNE 2013 - 31 MAY 2014.

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for the approval of the UGL Rail Fleet Services Pty Ltd Enterprise Agreement
1 June 2013 - 31 May 2014.

[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 2013 - 31 May 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by UG Rail Fleet Services Pty Ltd. 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 bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. 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 12 September 2013. The nominal expiry date of the Agreement is 31 May 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves UGL Rail Fleet Services Pty Ltd, a company, and its employees, represented by a union. The employees sought approval of an enterprise agreement from the Fair Work Commission (FWC). The dispute was heard by the Fair Work Commission in Australia. The legal issues before the court were whether the enterprise agreement met the requirements set out in the Fair Work Act 2009 (Cth) and if it was fair and reasonable for the employees.

The FWC found that the enterprise agreement did meet the statutory requirements and contained the necessary minimum terms and conditions. The agreement was considered fair and reasonable, as it provided for minimum wage increases, additional leave entitlements, and other benefits for the employees. The FWC also noted that the agreement included provisions for dispute resolution and consultation between the employer and employees. The FWC approved the UGL Rail Fleet Services Pty Ltd Enterprise Agreement, which was effective from 1 June 2013 to 31 May 2014. The decision was based on the balance of the agreement and its benefits for the employees, as well as the procedural fairness of the bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established