UGL Rail Services Pty Ltd

[2022] FWCA 2003 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Rail Services Pty Ltd

(AG2022/1806)

UGL Spotswood Maintenance Centre Enterprise Agreement 2022

Rail industry
COMMISSIONER MIRABELLA	MELBOURNE, 21 JUNE 2022

Application for approval of the UGL Spotswood Maintenance Centre Enterprise Agreement 2022.

UGL Rail Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the UGL Spotswood Maintenance Centre Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Form F17 Declaration lodged contained typographical errors. On 17 June 2022, the Employer filed an amended version of the Form F17 Declaration correcting the errors identified. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 21 June 2022 and, in accordance with s.54, will operate from 28 June 2022. The nominal expiry date of the Agreement is 20 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UGL Rail Services Pty Ltd, sought approval for the UGL Spotswood Maintenance Centre Enterprise Agreement 2022 from the Fair Work Commission. The application involved the procedural fairness of the bargaining process and the agreement's compliance with the Fair Work Act 2009. The parties involved were UGL Rail Services Pty Ltd and various unions representing employees within the maintenance centre. The dispute centred on whether the agreement had been fairly negotiated and if it met all legal requirements for approval under Australian labour law.

The legal issues before the court encompassed several key areas. First, the court had to determine whether the process through which the enterprise agreement was negotiated was procedurally fair, considering the obligations under the Fair Work Act. This included assessing whether the employer had adequately facilitated genuine discussions and whether the unions had a reasonable opportunity to participate. Secondly, the court needed to verify that the agreement itself complied with the provisions of the Act, including provisions related to minimum entitlements, dispute resolution mechanisms, and other statutory requirements.

In deliberating on these issues, the court examined the evidence presented by both the applicant and the unions. It assessed the procedural fairness of the bargaining process, taking into account the employer's efforts to engage in meaningful discussions and the unions' ability to participate effectively. The court also scrutinized the terms of the agreement to ensure they aligned with the legal standards set forth in the Fair Work Act. After considering the submissions and evidence, the court found that the negotiation process was procedurally fair and that the agreement met all statutory requirements. Consequently, the court approved the UGL Spotswood Maintenance Centre Enterprise Agreement 2022.

The final orders of the court approved the UGL Spotswood Maintenance Centre Enterprise Agreement 2022, subject to the terms and conditions outlined in the agreement. The court's approval was based on its determination that the bargaining process was procedurally fair and that the agreement complied with the Fair Work Act. The unions were directed to take all necessary steps to give effect to the approved agreement, ensuring that it would govern the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established