DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Ltd
(AG2017/3298)

UGL RAIL SERVICES PTY LTD BASSENDEAN ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 20 OCTOBER 2017

Application for approval of the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2017.

[1] On 3 August 2017, UGL Rail Services Pty Ltd (Applicant) made an application for approval of the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by UGL Rail Services Pty Ltd to have the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2017 approved by the Commission. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 in terms of its content and process of creation. The application was heard in the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements.

The legal issues that the Commission needed to address included whether the agreement had been made in accordance with the procedural requirements of the Act, whether it contained the necessary minimum terms and conditions, and whether it complied with the good faith bargaining provisions. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered.

In determining these issues, the Commission examined evidence regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been made in good faith and that it contained all the required minimum terms and conditions. The Commission also noted that the agreement was in the best interests of the employees, as it provided them with improved conditions and protections. Based on these findings, the Commission approved the agreement.

The final orders of the Commission were that the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. This decision ensures that the employees covered by the agreement have the protections and benefits outlined within it, while also providing the employer with the flexibility to manage its workforce effectively.

UGL Rail Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established