DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UGL Resources (Contracting) Pty Ltd
(AG2020/2555)

OM CONTRACTING MAINTENANCE (NSW & ACT) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 17 SEPTEMBER 2020

Application for approval of the OM Contracting Maintenance (NSW & ACT) Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by UGL Resources (Contracting) Pty Ltd (the Applicant) for approval of the OM Contracting Maintenance (NSW & ACT) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] The matter was listed for eHearing on 15 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 3.1.9 – Abandonment of Employment

[4] However, noting clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the matter raised at paragraphs [3] – [4], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2020. The nominal expiry date is 17 September 2024.

COMMISSIONER

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CaseChat Overview and Summary

UGL Resources (Contracting) Pty Ltd recently presented a case before the Fair Work Commission, seeking approval for the OM Contracting Maintenance (NSW & ACT) Enterprise Agreement 2020. The application involved a dispute over the terms of the proposed agreement between the company and its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement adequately addressed the employees' pay, conditions, and entitlements, and whether it complied with the statutory requirements for enterprise agreements. The Commission had to consider if the agreement was genuinely negotiated, whether it provided for the resolution of disputes, and if it met the minimum standards set by the Act.

In examining the proposed agreement, the Fair Work Commission assessed whether it was genuinely negotiated between the employer and the employees. The Commission considered whether the agreement was made without undue influence or coercion and whether it represented a fair outcome for both parties. Additionally, the Commission evaluated whether the agreement provided for an appropriate mechanism to resolve disputes that might arise in the future. The Commission also scrutinized whether the proposed agreement met the minimum standards of the Fair Work Act, including provisions on pay rates, leave entitlements, and other employment conditions. The Commission's decision hinged on whether the agreement adhered to these statutory requirements and provided a fair and reasonable outcome for the employees.

After careful consideration, the Fair Work Commission approved the OM Contracting Maintenance (NSW & ACT) Enterprise Agreement 2020. The Commission found that the agreement was genuinely negotiated and met the statutory requirements for enterprise agreements. The Commission determined that the agreement provided for an appropriate mechanism to resolve disputes and met the minimum standards set by the Fair Work Act. Consequently, the Commission approved the agreement, recognising its fairness and reasonableness for the employees involved. The approval ensures that the agreement will now govern the employment terms and conditions for the employees within the specified jurisdictions.

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