UGL Rail Pty Ltd Summary

[2021] FWCA 6259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Pty Ltd
(AG2021/7710)

UGL BALLARAT ENTERPRISE AGREEMENT 2021

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2021

Application for approval of the UGL Ballarat Enterprise Agreement 2021

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

[2] 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 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Manufacturing Workers' Union 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) and based on their declarations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 13 October 2021 and, in accordance with s 54, will operate from 20 October 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Rail Pty Ltd sought approval for the UGL Ballarat Enterprise Agreement 2021. This case involved a dispute over the terms and conditions of employment for workers at the UGL Ballarat facility, with the Fair Work Commission being tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The legal issues that the Commission had to resolve were primarily whether the agreement provided for a safety net of minimum terms and conditions, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement complied with the procedural fairness requirements and whether the bargaining was genuinely conducted.

The Fair Work Commission found that the agreement provided a safety net of minimum terms and conditions and was in the best interests of the employees. The Commission determined that the agreement provided for appropriate mechanisms for addressing workplace issues and allowed for genuine consultation between the employer and the employees. Additionally, the Commission found that the procedural fairness requirements were met, and the bargaining was genuinely conducted. The Commission noted that the agreement contained provisions that addressed key issues of concern to the employees, including pay rates, shift penalties, and leave entitlements.

In reaching its decision, the Fair Work Commission emphasised the importance of ensuring that employees had a fair and equitable agreement that provided for their needs and interests. The Commission found that the proposed agreement met these criteria and was therefore in the best interests of the employees. The Commission approved the UGL Ballarat Enterprise Agreement 2021 and made an order accordingly. The order approved the agreement and required the employer to take all necessary steps to give effect to the agreement.

UGL Rail Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established