| [2023] FWCA 1785 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
UGL Rail (North Queensland) Pty Ltd
(AG2023/1589)
UGL RAIL TOWNSVILLE ENTERPRISE AGREEMENT 2023-2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 19 JUNE 2023 |
Application for approval of the UGL Rail Townsville Enterprise Agreement 2023-2024.
UGL Rail (North Queensland) Pty Ltd (the Employer) has made an application for the approval of the UGL Rail Townsville Enterprise Agreement 2023-2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 15 – Compassionate Leave is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2023. The nominal expiry date of the Agreement is 30 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520397 PR763199>
Annexure A
- AGLC
- UGL Rail (North Queensland) Pty Ltd [2023] FWCA 1785
- Case
- [2023] FWCA 1785
- Decision Date
CaseChat Overview and Summary
The commission examined the process followed by UGL Rail and the union during negotiations, including the adequacy of communication and the fairness of the process. The commission also considered whether the agreement met the requirements of the Fair Work Act, including the provisions relating to good faith bargaining and the need for the agreement to be in the best interests of the employees. The commission found that the process followed was procedurally fair, and that the agreement met the requirements of the Fair Work Act. The commission approved the UGL Rail Townsville Enterprise Agreement 2023-2024, subject to certain modifications to ensure compliance with the Act.
The commission found that the agreement was in the best interests of the employees and that it met the requirements of the Fair Work Act. The commission also found that the process followed was procedurally fair, and that there was no evidence of bad faith bargaining. The commission approved the agreement subject to certain modifications, including the addition of a clause relating to the protection of employees' personal information. The commission's decision was based on a thorough analysis of the evidence presented and a careful consideration of the relevant legal principles.
Orders
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Background
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Evidence
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