DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail (North Queensland) Pty Ltd
(AG2017/103)

UGL RAIL TOWNSVILLE ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the UGL Rail Townsville Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the UGL Rail Townsville Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Rail (North Queensland) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 30 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Rail (North Queensland) Pty Ltd sought approval for the UGL Rail Townsville Enterprise Agreement 2016 - 2019. The dispute centred around the terms of the proposed agreement which had been negotiated between the company and the Rail, Tram and Bus Industry Union. The parties aimed to reach a consensus on various employment conditions, including wages, working hours, and dispute resolution mechanisms.

The primary legal issue before the commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement met the procedural requirements for enterprise agreements, including whether the agreement was made in good faith and whether it had been properly certified by the Australian Bureau of Statistics. Furthermore, the commission considered whether the agreement adequately addressed the needs of the employees and provided fair and reasonable terms for all parties involved.

After reviewing the submissions from both parties and considering the relevant statutory provisions, the commission found that the agreement was made in good faith and complied with the procedural requirements. The commission noted that the agreement had been certified by the Australian Bureau of Statistics and included provisions that were fair and reasonable for both the employer and the employees. The commission also found that the agreement contained appropriate mechanisms for resolving disputes and provided for adequate protections for employees. Consequently, the commission approved the UGL Rail Townsville Enterprise Agreement 2016 - 2019, finding it to be in compliance with the Fair Work Act 2009.

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