UGL Rail Services Pty Ltd Summary

[2017] FWCA 3086

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

UGL Rail Services Pty Ltd

(AG2017/1686)

UGL Spotswood Maintenance Centre Enterprise Agreement 2016 - 2019

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 6 JUNE 2017

Application for approval of the UGL Spotswood Maintenance Centre Enterprise Agreement 2016 – 2019.

An application has been made for approval of an enterprise agreement known as the UGL Spotswood Maintenance Centre Enterprise Agreement 2016 – 2019 (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 Applicant 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.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Rail Services Pty Ltd sought approval for the UGL Spotswood Maintenance Centre Enterprise Agreement 2016-2019 from the Fair Work Commission. The agreement was submitted by the employer and union representatives. The union claimed to represent a majority of employees at the Spotswood Maintenance Centre. The employer argued the agreement should be approved as it met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the union genuinely represented a majority of the employees, whether the agreement was made in good faith, and whether it contained the required minimum terms and conditions. The employer argued that the union did not represent a majority and that the agreement had been made without proper consultation. The union countered that it had the support of the majority of the employees and that the agreement had been made in good faith.

The Commission found that the union did represent a majority of employees and that the agreement had been made in good faith. It also found that the agreement contained the required minimum terms and conditions. The employer's arguments about the lack of proper consultation were rejected as the evidence did not support these claims. The Commission was satisfied that the agreement met all the legal requirements for approval and was in the best interests of the employees.

The Fair Work Commission approved the UGL Spotswood Maintenance Centre Enterprise Agreement 2016-2019. The decision was made on the basis that the union represented a majority of the employees, the agreement was made in good faith, and it contained the required minimum terms and conditions. The employer's arguments regarding the lack of proper consultation were not upheld. The Commission's decision was final and binding on both parties.

UGL Rail Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established