DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Limited
(AG2021/4498)

UGL NEWCASTLE OPERATIONS ENTERPRISE AGREEMENT 2021 - 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2021

Application for approval of the UGL Newcastle Operations Enterprise Agreement 2021 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the UGL Newcastle Operations Enterprise Agreement 2021 - 2023 (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 Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and in accordance with s.54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 22 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UGL Rail Services Pty Limited, sought approval of the UGL Newcastle Operations Enterprise Agreement 2021 - 2023, which was to be registered under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the proposed agreement with the statutory framework governing industrial relations in Australia. The Fair Work Commission was the tribunal tasked with evaluating the application.

The primary legal issues before the Commission involved whether the agreement was genuinely bargained, free from coercion, and met the standards of procedural and substantive fairness. The Commission had to ensure the agreement was made in good faith, provided for a fair and reasonable method of determining the terms and conditions of employment, and was consistent with the principles of the Fair Work Act. The Commission also needed to assess whether the agreement complied with the public interest test and did not undermine the minimum protections set out in the National Employment Standards.

In its reasoning, the Commission examined the negotiation process, the terms of the agreement, and the submissions from both parties. It found that the agreement had been negotiated in good faith and was procedurally and substantively fair. The Commission was satisfied that the agreement provided for a fair and reasonable method of determining the terms and conditions of employment and did not undermine the minimum protections. The public interest test was also met, as the agreement did not conflict with broader public policy objectives.

The Fair Work Commission approved the UGL Newcastle Operations Enterprise Agreement 2021 - 2023, determining that it met all statutory requirements and was in the best interests of the employees and employer. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the 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