DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Limited
(AG2021/5638)

UGL AND AMWU QUEENSLAND REGIONAL ENTERPRISE AGREEMENT 2020-2024

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 7 JULY 2021

Application for approval of the UGL and AMWU Queensland Regional Enterprise Agreement 2020-2024.

[1] An application has been made for approval of the UGL and AMWU Queensland Regional Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by UGL Rail Services Pty Limited (the Employer). The Agreement is a single enterprise greenfields agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that the relevant requirements for approval under ss.186, 187, 188 and 190 of the Act have been met.

[4] Noting the undertaking provided by the Applicant, I am satisfied the definition of shiftworker as required by s.196(2) of the Act is consistent with the National Employment Standards (NES). Given the NES precedence clause in the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), 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 AMWU.

[6] In correspondence the parties have acknowledge that Clauses 6.19 and 6.24 may be unenforceable when taking into account the requirements of Section 326 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, the Agreement will operate from 14 July 2021. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Rail Services Pty Limited applied to the Fair Work Commission for approval of the UGL and AMWU Queensland Regional Enterprise Agreement 2020-2024. The Australian Manufacturing Workers' Union opposed the application. The central dispute was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The legal issues revolved around the agreement's compliance with the statutory requirements, including whether it met the "better off overall test" and whether it included appropriate provisions for minimum entitlements and dispute resolution.

The Commission examined the proposed agreement's terms and conditions to determine if they provided employees with a better overall package compared to the relevant award or safety net. It assessed the fairness of the wage increases, allowances, and other benefits against the backdrop of the existing industrial landscape. Additionally, the Commission scrutinised the agreement to ensure it did not undermine minimum entitlements and that it provided an effective dispute resolution mechanism.

The Fair Work Commission found that the proposed agreement met the statutory requirements and approved it. The Commission concluded that the agreement provided employees with a fair and reasonable package, satisfying the better off overall test. It also determined that the agreement maintained compliance with minimum entitlements and provided adequate mechanisms for resolving disputes. This decision was based on a thorough analysis of the agreement's provisions and their alignment with the statutory objectives. The final orders included the approval of the UGL and AMWU Queensland Regional Enterprise Agreement 2020-2024, effective from the date of the Commission's decision.

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