UGL Rail Services Pty Limited

[2022] FWCA 967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

UGL Rail Services Pty Limited

(AG2021/9271)

UGL Mariyung Maintenance Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 18 MARCH 2022

Application for approval of the UGL Mariyung Maintenance Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the UGL Mariyung Maintenance Enterprise Agreement 2021 (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 Services Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings 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.

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.

The Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover their organisation. In accordance with s.201(2) I note that the Agreement covers those organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 18 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, UGL Rail Services Pty Limited applied for the approval of the UGL Mariyung Maintenance Enterprise Agreement 2021. The applicant, a company involved in the rail industry, sought the Commission's approval for the proposed enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission to ensure the agreement complied with the statutory requirements and provided fair terms and conditions of employment.

The central issue before the Commission was whether the proposed enterprise agreement met the criteria set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements. The applicant argued that the agreement was fair and reasonable, and that all necessary steps had been taken to ensure that the employees were adequately informed and had an opportunity to provide input.

The Commission examined the proposed agreement, taking into account the nature of the business, the bargaining power of the parties, and the terms and conditions proposed. The Commission found that the agreement was fair and reasonable, and that it complied with the requirements of the Fair Work Act. The Commission also noted that the applicant had taken reasonable steps to ensure that the employees were informed about the proposed agreement and had an opportunity to provide input. Given these findings, the Commission approved the UGL Mariyung Maintenance Enterprise Agreement 2021.

The Commission made orders approving the proposed enterprise agreement, with the approval being subject to certain conditions. The agreement was to be registered by the Commission, and it would come into effect on the date of registration. The orders also included provisions for the notification of the agreement to the relevant parties, and for the agreement to be made available to employees and the public.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established