DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Resources (Contracting) Pty Ltd
(AG2015/2399)

OM CONTRACTING MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 27 APRIL 2015

Application for approval of the OM Contracting Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the OM Contracting Maintenance Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Resources (Contracting) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement was approved on 27 April 2015 and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date of the Agreement is 26 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of UGL Resources (Contracting) Pty Ltd, the Fair Work Commission was called upon to assess the application for the approval of the OM Contracting Maintenance Enterprise Agreement 2015. The dispute arose between UGL Resources, the employer, and the United Voice union, representing the employees. The commission had to determine whether the agreement was suitable for registration under the Fair Work Act 2009. The union had objected to certain provisions of the agreement, raising concerns about employee rights and protections.

The legal issues centred on whether the proposed enterprise agreement met the necessary criteria for approval. This included assessing if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. The commission had to balance the rights of the employer to manage its business with the need to protect the interests of the employees. It also had to consider the union's objections and determine if any of the provisions were unfair or unreasonable.

After carefully examining the agreement and the submissions from both parties, the commission found that the majority of the agreement was fair and reasonable. It noted that the agreement provided for fair terms and conditions, and that it was made in good faith. The commission rejected the union's objections, finding that the provisions in question were not unfair or unreasonable. Consequently, the commission approved the OM Contracting Maintenance Enterprise Agreement 2015 for registration.

UGL Resources (Contracting) 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