DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Ltd
(AG2021/389)

UGL RAIL SERVICES PTY LTD BASSENDEAN ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 3 MARCH 2021

Application for approval of the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by UGL Rail Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 February 2021.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the case of UGL Rail Services Pty Ltd, the matter involved an application for the approval of the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2020. The applicant, UGL Rail Services Pty Ltd, sought approval of the enterprise agreement from the Fair Work Commission. The dispute centred around the procedural fairness of the agreement, specifically whether the applicant had acted fairly in obtaining employee approval for the agreement. The Fair Work Commission was the tribunal tasked with deciding on the matter.

The legal issues that the court had to resolve included whether the applicant had properly informed employees of the terms of the agreement, whether employees had been given a reasonable opportunity to discuss the agreement, and whether the process of obtaining approval had been conducted fairly and in good faith. Additionally, the court had to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions related to procedural fairness and good faith bargaining.

The Fair Work Commission assessed the evidence provided by both parties and considered the relevant legal principles. The court found that the applicant had acted fairly and in good faith in obtaining employee approval for the enterprise agreement. The Commission determined that the applicant had appropriately informed employees of the terms and conditions of the agreement, provided them with an opportunity to discuss the agreement, and conducted the approval process in a manner consistent with the requirements of the Fair Work Act 2009. Consequently, the court approved the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2020.

The Fair Work Commission ordered the approval of the UGL Rail Services Pty Ltd Bassendean Enterprise Agreement 2020, confirming its validity and enforceability under the Fair Work Act 2009. The court's decision validated the process by which the applicant had obtained employee approval and upheld the agreement as meeting all necessary legal requirements.

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