UGL Resources (Contracting) Pty Ltd

[2023] FWCA 1460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Resources (Contracting) Pty Ltd

(AG2023/1026)

UGL RESOURCES (CONTRACTING) PTY LTD KARRATHA ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER MCKINNON	SYDNEY, 19 MAY 2023

Application for approval of the UGL Resources (Contracting) Pty Ltd Karratha Enterprise Agreement 2023

UGL Resources (Contracting) Pty Ltd has applied for approval of a single enterprise agreement known as the UGL Resources (Contracting) Pty Ltd Karratha Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 May 2023. The nominal expiry date of the Agreement is 19 May 2026.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, UGL Resources (Contracting) Pty Ltd, sought approval of the Karratha Enterprise Agreement 2023. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), objected to the agreement's approval, primarily arguing that it did not meet the procedural requirements of the Fair Work Act 2009. The application hinged on whether the union had been given adequate opportunity to make submissions and whether the agreement was genuinely negotiated.

The central legal issue before the Commission was whether the procedural requirements for the negotiation and approval of the enterprise agreement were correctly followed. Specifically, the Commission needed to determine if the applicant had afforded the union a reasonable opportunity to make submissions, and whether the agreement reflected the genuine outcome of negotiations between the parties.

The Commission held that the applicant had indeed given the union a reasonable opportunity to make submissions and that the agreement was genuinely negotiated. The union's objections were found to be without merit, as the evidence demonstrated that the union had been involved in the negotiation process and had the opportunity to provide feedback. The Commission concluded that the procedural requirements were satisfied, and the agreement met the statutory standards for approval.

Accordingly, the Commission approved the UGL Resources (Contracting) Pty Ltd Karratha Enterprise Agreement 2023, effective from 1 July 2023. The decision was made in light of the evidence presented, confirming that the agreement was fairly negotiated and met all legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established