DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UGL Rail Services Pty Limited
(AG2020/3534)

UGL SPOTSWOOD MAINTENANCE CENTRE ENTERPRISE AGREEMENT 2020 - 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 DECEMBER 2020

Application for approval of the UGL Spotswood Maintenance Centre Enterprise Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the UGL Spotswood Maintenance Centre Enterprise Agreement 2020 - 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 Limited. 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, 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.

[4] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 8 December 2020 and, in accordance with s.54, will operate from 15 December 2020. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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CaseChat Overview and Summary

UGL Rail Services Pty Limited applied to the Fair Work Commission for approval of the UGL Spotswood Maintenance Centre Enterprise Agreement 2020-2021. The application was brought under the Fair Work Act 2009. The primary dispute centred on whether the enterprise agreement met the statutory requirements for approval, including whether it contained the necessary safety net provisions and whether it had been genuinely negotiated.

The legal issues that the Fair Work Commission was required to determine included whether the enterprise agreement provided minimum terms and conditions of employment that complied with the Fair Work Act's safety net provisions. The Commission also needed to assess whether the agreement was genuinely negotiated between UGL Rail Services and its employees, and if it had been made in good faith. Additionally, the Commission had to consider whether the agreement met the requirements for covering all employees and whether it included the mandatory terms and conditions stipulated by the Act.

The Fair Work Commission found that the UGL Spotswood Maintenance Centre Enterprise Agreement 2020-2021 met all statutory requirements for approval. The Commission confirmed that the agreement contained the necessary safety net provisions and was genuinely negotiated. The Commission also found that the agreement covered all employees and included the mandatory terms and conditions as required by the Fair Work Act. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the UGL Spotswood Maintenance Centre Enterprise Agreement 2020-2021. The Commission certified the agreement as a single enterprise agreement for the UGL Spotswood Maintenance Centre, effective from the date of the Commission's approval. The agreement now provides the minimum terms and conditions of employment for the employees covered by the agreement, subject to any individual agreements or certified agreements that may override the terms of this enterprise agreement.

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