DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Resources (Contracting) Pty Ltd
(AG2019/831)

UGL RESOURCES (CONTRACTING) PTY LTD KARRATHA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 JULY 2019

Application for approval of the UGL Resources (Contracting) Pty Ltd Karratha Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UGL Resources (Contracting) Pty Ltd Karratha Enterprise Agreement 2019 (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] 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 1 September 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of UGL Resources (Contracting) Pty Ltd, the Federal Court was tasked with approving the Karratha Enterprise Agreement 2019. The agreement in question was submitted for endorsement following negotiations between UGL Resources (Contracting) Pty Ltd, an entity involved in contracting services, and its employees represented by a union. The dispute centred on whether the terms of the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The union argued that the agreement contained provisions that were fair and equitable, while UGL Resources contended that certain aspects were problematic.

The court had to determine if the agreement satisfied the requirements of the Fair Work Act, particularly focusing on whether it provided for fair and reasonable terms, and if it was made in good faith. Key issues included the fairness of the wages, conditions, and other employment terms as stipulated in the agreement. Additionally, the court examined if the agreement adhered to the procedural requirements necessary for its approval.

The court examined the evidence presented by both parties and assessed the terms of the agreement against the statutory benchmarks. It found that the agreement contained provisions that were fair and reasonable, and that it was made in good faith. The court concluded that the agreement met all the necessary legal criteria and approved it accordingly. The decision emphasised the importance of the procedural integrity and substantive fairness in enterprise agreements.

The final orders of the court were that the Karratha Enterprise Agreement 2019 be approved and registered under the Fair Work Act. This decision provides a clear framework for future negotiations and agreements between UGL Resources (Contracting) Pty Ltd and its employees.

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