DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Ltd T/A UGL Rail
(AG2015/3369)

UGL RAIL - KESWICK - ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2015

Application for approval of the UGL Rail - Keswick - Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the UGL Rail - Keswick - Enterprise Agreement 2015 - 2018 (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 T/A UGL Rail. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 28 July 2015 and, in accordance with s.54, will operate from 4 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved UGL Rail Services Pty Ltd, trading as UGL Rail, and the Fair Work Commission, with the dispute centring on the application for approval of the UGL Rail – Keswick – Enterprise Agreement 2015 – 2018. The matter was heard by the Commission, constituted by President Dowsett, Commissioner Kelly and Senior Deputy President Brown, in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly section 231, which mandates that an agreement must meet the ‘better off overall test’. This test requires that the overall terms and conditions for employees covered by the agreement be no worse off than their entitlements under the applicable award or general awards, and that at least half of the employees covered by the agreement are ‘better off overall’ compared to their existing conditions. Another significant concern was the potential impact of the agreement on the employees' redundancy entitlements.

The Commission carefully reviewed the proposed agreement, taking into account the evidence presented by both parties. It found that the agreement did indeed meet the better off overall test, as the majority of employees would be better off in terms of pay and conditions. The Commission also concluded that the agreement did not unacceptably diminish the employees' redundancy entitlements. Consequently, the application for approval was granted, and the UGL Rail – Keswick – Enterprise Agreement 2015 – 2018 was approved.

The final orders of the Commission were that the application for approval of the UGL Rail – Keswick – Enterprise Agreement 2015 – 2018 be approved, and that the agreement be registered under the Fair Work Act 2009. The approval came into effect from the date of the decision and remained in force for the duration specified in the agreement.

UGL Rail Services Pty Ltd T/A UGL Rail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established