DECISION

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

UGL Resources (Contracting) Pty Ltd
(AG2020/1201)

OM CONTRACTING MAINTENANCE (QLD & NT) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 15 MAY 2020

Application for approval of the OM Contracting Maintenance (Qld & NT) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the OM Contracting Maintenance (Qld & NT) Enterprise Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

[2] 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 have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2020. The nominal expiry date of the Agreement is 15 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of UGL Resources (Contracting) Pty Ltd, the applicant, the Fair Work Commission was tasked with determining whether to approve the OM Contracting Maintenance (Qld & NT) Enterprise Agreement 2020. This enterprise agreement was proposed between the employer, UGL Resources, and the union representing the employees, United Voice. The nature of the dispute centred around the fairness and compliance of the proposed terms and conditions of employment set out in the agreement, as required by the Fair Work Act 2009. The Fair Work Commission, in its capacity as the workplace relations tribunal, was responsible for making the final determination on whether the agreement should be certified as a registered enterprise agreement.

The legal issues before the Fair Work Commission involved ensuring that the proposed enterprise agreement was in compliance with the provisions of the Fair Work Act 2009. This included verifying that the agreement had been fairly negotiated, it did not adversely affect employees' rights to access the safety net, and it contained the necessary minimum terms and conditions as outlined in the Act. Additionally, the Commission needed to consider whether the agreement contained any provisions that were not in the best interests of the employees or the employer.

The Fair Work Commission, after considering all submissions and evidence, determined that the proposed enterprise agreement was fair and complied with the requirements of the Fair Work Act 2009. The Commission found that the agreement had been fairly negotiated, did not negatively impact the employees' safety net rights, and contained the necessary minimum terms and conditions. The Commission also concluded that the agreement was in the best interests of both the employees and the employer. Consequently, the Commission approved the enterprise agreement and registered it as a valid enterprise agreement under the Act.

As a result of this determination, the OM Contracting Maintenance (Qld & NT) Enterprise Agreement 2020 was certified and registered, effective from the date of the Commission's decision. This meant that the terms and conditions outlined in the agreement would govern the employment relationship between UGL Resources and its employees represented by United Voice in Queensland and the Northern Territory, subject to the provisions of the Fair Work Act 2009.

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