DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Pty Ltd
(AG2016/7888)

UGL RAIL PTY LTD BALLARAT ENTERPRISE AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2016-2020 (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 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), Australian Rail, Tram and Bus Industry Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 27 February 2017 and, in accordance with s.54, will operate from 6 March 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Rail Pty Ltd applied to the Fair Work Commission for the approval of the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2016-2020. The application was opposed by the Rail, Tram and Bus Union. The central dispute was whether the agreement complied with the Fair Work Act 2009 and, in particular, whether it met the mandatory requirements for enterprise agreements set out in the Act.

The Fair Work Commission considered whether the agreement contained all the prescribed terms, if the agreement was free from unlawful content, and if it was made in good faith. Furthermore, the Commission examined if the agreement allowed for the proper operation of the enterprise and if it was made in accordance with the relevant industrial instruments and the Act. The opposition argued that the agreement did not meet the requirements of the Act due to the absence of certain terms and clauses that were not in compliance with the mandatory provisions.

In reaching its decision, the Commission noted that the agreement did contain all the prescribed terms and was free from any unlawful content. The Commission found that the agreement was made in good faith and allowed for the proper operation of the enterprise. Moreover, the agreement was consistent with the relevant industrial instruments and complied with the Act. Consequently, the application for approval of the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2016-2020 was approved by the Fair Work Commission. As a result, the agreement will be applicable to the employees covered by it, and the parties will be bound by its terms.

UGL Rail Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established