UGL Rail Services Pty Ltd

[2023] FWCA 1326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Rail Services Pty Ltd

(AG2023/1195)

UGL UNIPART JV AUBURN ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 9 MAY 2023

Application for approval of the UGL Unipart JV Auburn Enterprise Agreement 2022.

UGL Rail Services Pty Ltd (the Employer) has made an application for the approval of the UGL Unipart JV Auburn Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved UGL Rail Services Pty Ltd, who sought approval of the UGL Unipart Joint Venture Auburn Enterprise Agreement 2022. The dispute centred on the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for approval, particularly in relation to its provisions on wages, conditions, and the rights of employees.

The primary legal issues the Commission had to address were whether the agreement was a "genuine agreement" reached through a process that complied with the Fair Work Act, and whether it contained terms that were fair and reasonable. Additionally, the Commission needed to consider whether the agreement provided adequate protections for employees and whether it adhered to the principles of good faith bargaining.

In reaching its decision, the Commission examined the process through which the agreement was negotiated, the content of the agreement itself, and the submissions made by both parties. The Commission noted that the agreement was the result of a process that involved genuine bargaining and that it contained provisions that were fair and reasonable. It found that the agreement provided for adequate wage increases, improved working conditions, and adequate protections for employees. Based on these findings, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

The Commission's final order was that the UGL Unipart Joint Venture Auburn Enterprise Agreement 2022 be approved and registered, effective from the date of the decision. This decision ensures that the terms of the agreement will govern the employment conditions of the parties involved, subject to the rights and obligations set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established