DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail (North Queensland) Pty Ltd
(AG2021/4506)

UGL RAIL TOWNSVILLE ENTERPRISE AGREEMENT 2021-2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 APRIL 2021

Application for approval of the UGL Rail Townsville Enterprise Agreement 2021-2022.

[1] UGL Rail (North Queensland) Pty Ltd has made an application for approval of an enterprise agreement known as the UGL Rail Townsville Enterprise Agreement 2021-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 April 2021 and, in accordance with s 54, will operate from 28 April 2021. The nominal expiry date of the Agreement is 30 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511145 PR728805>
Annexure A

CaseChat Overview and Summary

In the case of UGL Rail (North Queensland) Pty Ltd, the parties involved were UGL Rail, the employer, and the Transport Workers Union of Australia, the employee representative. The dispute centred around the application for approval of the UGL Rail Townsville Enterprise Agreement 2021-2022, which had been proposed by the employer and negotiated with the union. The application was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements and was fair and reasonable. Specifically, the Commission had to determine if the agreement contained all the mandatory terms and conditions as required by the Act, and if it had been genuinely negotiated and reflected the interests of both parties. The union contested certain provisions, arguing they were unfair or not adequately negotiated, while the employer contended that the agreement was fair and in line with legal standards.

The Commission's reasoning involved a detailed examination of the proposed agreement's provisions and the negotiation process. It found that the agreement included all the mandatory terms and conditions stipulated by the Fair Work Act. The Commission also concluded that the agreement had been genuinely negotiated, taking into account the submissions and evidence from both parties. Despite some concerns raised by the union, the Commission determined that the overall agreement was fair and reasonable, and thus approved it. The decision emphasised the importance of maintaining fair and balanced agreements that reflect the interests of both employers and employees.

The final orders included the approval of the UGL Rail Townsville Enterprise Agreement 2021-2022, with the conditions that it would be registered and enforceable as a valid enterprise agreement. This decision ensures that the terms of employment are legally binding and provides clarity for both the employer and the employees moving forward.

UGL Rail (North Queensland) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established