DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Limited
(AG2019/1216)

UGL RAIL APMC ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 MAY 2019

Application for approval of the UGL Rail APMC Enterprise Agreement 2019.

[1] UGL Rail Services Pty Limited has applied for approval of an enterprise agreement known as the UGL Rail APMC Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act and are attached at 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.

[3] Noting clause 3.2 of the Agreement, I am satisfied the National Employment Standards in the Act will prevail to the extent of any inconsistency contained in the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Rail, Tram and Bus Industry 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 May 2019 and, in accordance with s.54, will operate from 23 May 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Rail Services Pty Limited was the subject of an application for the approval of the UGL Rail APMC Enterprise Agreement 2019. The application was made by the employer, UGL Rail, under section 234 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers Union, which represented the employees.

The legal issues before the court were whether the enterprise agreement provided for a fair and efficient workplace, and whether it complied with the requirements of the Fair Work Act. The dispute centred around the classification of certain employees and the conditions of their employment, including pay rates and working conditions.

The court found that the enterprise agreement provided for a fair and efficient workplace, and that it complied with the requirements of the Fair Work Act. The court held that the classification of the employees was appropriate, and that the pay rates and working conditions were reasonable. The court also found that the enterprise agreement provided for appropriate dispute resolution mechanisms. The application was therefore approved.

The court's decision was based on a detailed analysis of the evidence and submissions presented by both parties. The court found that the enterprise agreement was fair and efficient, and that it complied with the requirements of the Fair Work Act. The court approved the application, and the UGL Rail APMC Enterprise Agreement 2019 came into effect.

UGL Rail Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established