DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Ltd
(AG2017/4092)

UGL NEWCASTLE OPERATIONS ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the UGL Newcastle Operations Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the UGL Newcastle Operations Enterprise Agreement 2017-2020 (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, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2017. The nominal expiry date of the Agreement is 22 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Rail Services Pty Ltd sought approval for the UGL Newcastle Operations Enterprise Agreement 2017-2020 before the Fair Work Commission. The primary dispute involved the fairness and compliance of the agreement with the Fair Work Act 2009. The application was contested by the Rail, Tram and Bus Industry Union, which raised concerns regarding the agreement's provisions and their implications for the employees.

The court was tasked with determining whether the agreement was made in good faith, free from coercion, and if it complied with the procedural and substantive requirements of the Fair Work Act. This involved scrutinising the negotiation process, the fairness of the terms, and the extent to which the agreement met the standards set by the legislation.

The Fair Work Commission found that the agreement was made in good faith, without coercion, and that the negotiation process was fair and transparent. The court emphasised that the agreement included provisions that were beneficial to the employees, such as improved working conditions and fair compensation. After considering all submissions, the Commission concluded that the agreement was compliant with the requirements of the Fair Work Act and approved it.

The Commission issued an order approving the UGL Newcastle Operations Enterprise Agreement 2017-2020, effective from the specified date, ensuring that the terms of the agreement would govern the employment conditions of the relevant workers.

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