DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Ltd
(AG2014/8191)

UGL RAIL SERVICES PTY LTD BASSENDEAN ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 DECEMBER 2014

Application for approval of the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2014 (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.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] In my view, the Consultation provision in clause 11.4 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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 organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 16 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of UGL Rail Services Pty Ltd, the applicant sought approval of the Bassendean Enterprise Agreement 2014, which had been proposed to replace the existing enterprise agreement between the company and its employees. The dispute came before the Fair Work Commission, which was required to determine whether the agreement complied with the Fair Work Act 2009 and other relevant legislative provisions. The key legal issues included whether the agreement contained all the prescribed minimum terms and conditions, whether it was fairly negotiated, and whether it adhered to the public interest test.

The commission examined the proposed agreement to ascertain whether it met the statutory requirements. It assessed whether the agreement contained all the prescribed minimum terms and conditions, including those relating to wages, hours of work, and leave entitlements. The commission also evaluated whether the agreement had been fairly negotiated and whether the parties had engaged in good faith bargaining. Additionally, the commission considered whether the agreement met the public interest test, which required the commission to ensure that the agreement would not have an adverse effect on the broader community.

After careful consideration of the evidence and arguments presented, the commission determined that the proposed agreement complied with the Fair Work Act and other relevant legislative provisions. The commission found that the agreement contained all the prescribed minimum terms and conditions and that it had been fairly negotiated in good faith. The commission also concluded that the agreement met the public interest test, as it would not have an adverse effect on the broader community. Consequently, the commission approved the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2014.

As a result of the commission's decision, the proposed enterprise agreement was approved and became effective. The agreement would now govern the employment terms and conditions of the employees covered by the agreement, replacing the previous enterprise agreement. The approval of the agreement provided certainty and stability to both the employer and the employees, ensuring that their rights and obligations were clearly defined and protected under the terms of the new agreement.

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