DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

UGL Rail Services Pty Ltd
(AG2018/6694)

UGL RAIL SERVICES PTY LIMITED - AUBURN UGL UNIPART JV ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 13 MARCH 2019

Application for variation of the UGL Rail Services Pty Limited - Auburn UGL Unipart JV Enterprise Agreement 2015-2018.

[1] On 30 November 2018 UGL Rail Services Pty Limited filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of the variation to the UGL Services Pty Limited – Auburn UGL Unipart JV Enterprise Agreement 2015-2018 (the Agreement).

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A.

[3] The variations to the Agreement were approved on 16 November 2018. The Agreement has a nominal expiry date of 13 August 2019. A copy of the variations are attached to this decision at Annexure B.

[4] This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 13 March 2019.

COMMISSIONER

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Annexure A

Annexure B

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by UGL Rail Services Pty Ltd, seeking a variation to the UGL Rail Services Pty Limited - Auburn UGL Unipart JV Enterprise Agreement 2015-2018. The application aimed to alter certain conditions of employment for employees covered by the agreement. The dispute centred around the proposed changes to working hours, rostered days off, and shift patterns. The Fair Work Commission was tasked with determining whether the proposed variations were reasonable and necessary.

The legal issues before the Commission required it to consider whether the proposed changes were justified and aligned with the principles of the Fair Work Act 2009. Specifically, the Commission had to assess if the changes would cause minimal disruption to the employees, and whether the variations were necessary for the proper conduct of the employer’s business. Additionally, the Commission needed to evaluate the fairness of the changes in the context of the existing enterprise agreement and the potential impact on the employees' conditions of employment.

The Commission found that the proposed changes were necessary for the proper conduct of the employer's business, as they were aimed at improving operational efficiency and flexibility. The changes were considered reasonable given the minimal disruption to employees and the benefits to the business. The Commission also noted that the proposed variations were in line with the principles of good faith bargaining and fairness. Consequently, the application for variation was approved, and the UGL Rail Services Pty Limited - Auburn UGL Unipart JV Enterprise Agreement 2015-2018 was varied as sought by UGL Rail Services Pty Ltd. The final orders included the specific amendments to the agreement, reflecting the approved changes in working hours, rostered days off, and shift patterns.

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