| [2024] FWCA 2099 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
UGL Resources (Contracting) Pty Ltd
(AG2024/1777)
OM CONTRACTING MAINTENANCE (QLD & NT) ENTERPRISE AGREEMENT 2024
| Technical services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 6 JUNE 2024 |
Application for approval of the OM Contracting Maintenance (QLD & NT) Enterprise Agreement 2024
UGL Resources (Contracting) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the OM Contracting Maintenance (QLD & NT) Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 CEPU and the AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 6 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524937 PR775762>
- AGLC
- UGL Resources (Contracting) Pty Ltd [2024] FWCA 2099
- Case
- [2024] FWCA 2099
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed agreement complied with the statutory criteria for approval, including whether it provided for the safety and welfare of employees, and whether it had been negotiated in good faith. The Commission also had to consider whether the agreement met the "better off overall test," ensuring that the employees were not worse off financially compared to their previous conditions. Additionally, the Commission assessed whether the agreement adequately addressed any changes to working arrangements, such as shift patterns, overtime, and leave provisions.
In its decision, the Commission found that the OM Contracting Maintenance (QLD & NT) Enterprise Agreement 2024 met the necessary criteria for approval. The Commission concluded that the agreement provided for the safety and welfare of employees, had been negotiated in good faith, and satisfied the better off overall test. The Commission also determined that the agreement appropriately addressed changes to working arrangements and provided adequate dispute resolution mechanisms. Consequently, the Commission approved the proposed agreement, allowing it to be implemented between UGL Resources (Contracting) Pty Ltd and its employees.
The Fair Work Commission approved the OM Contracting Maintenance (QLD & NT) Enterprise Agreement 2024, effective from the date of the decision. The approval enabled the agreement to be used as the basis for the terms and conditions of employment for the relevant employees, providing certainty and stability in their working arrangements.
Orders
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Background
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Evidence
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Decision
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