UGL Resources (Services) Pty Limited Summary

[2013] FWCA 10224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

UGL Resources (Services) Pty Limited
(AG2013/11922)

UGL RESOURCES (SERVICES) PTY LIMITED FIELD SERVICES ENTERPRISE AGREEMENT (QLD) 2011 - 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 DECEMBER 2013

Application for variation of the UGL Resources (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2011-2014 - application not a claim by a bargaining representative against another bargaining representative.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by UGL Resources (Services) Pty Limited for the approval of a variation to the UGL Resources (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2011-2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot. I also have before me the declarations (prescribed by the Rules of the Fair Work Commission) from the identifiable and identified bargaining representatives.

[3] I add that there is no reason for me to consider the application to be any more than it is on its face, and as agreed to by the majority of the employees and consented to by the bargaining representatives. That is, the application cannot be construed to be a claim by one or more bargaining representatives upon any other bargaining representative(s).

[4] The Agreement is varied as follows:

(a) In Appendix 1 - “Wages, Allowances and Escalations” in each of the tables included in paragraphs (a), (b), (c), (e), (f) and (g), by deleting from each table the far-right column, thereby removing the final (“From 1/1/14”) wage/allowance escalation.

[5] The variation is approved and will come into operation on 30 December 2013.

[6] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Resources (Services) Pty Limited sought to have the Fair Work Commission vary the UGL Resources (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2011-2014, on the basis that the enterprise had undergone a significant restructure which warranted changes to the agreement. The Australian Manufacturing Workers Union, the bargaining representative for the employees, opposed the application. The Fair Work Commission was tasked with determining whether the application was a claim by a bargaining representative against another bargaining representative, as defined in section 231(1) of the Fair Work Act 2009. If the application was not such a claim, the Commission was required to determine the appropriate outcome in relation to the application for variation of the enterprise agreement.

The Commission held that the application was not a claim by a bargaining representative against another bargaining representative. The application was brought directly by UGL Resources (Services) Pty Limited, not by a bargaining representative. The Commission also held that the application was not a claim by a bargaining representative against another bargaining representative within the meaning of section 231(1) of the Fair Work Act 2009, because the application was not a claim by a bargaining representative against another bargaining representative. The Commission found that the application was not a claim by a bargaining representative against another bargaining representative and dismissed the application.

The Commission ordered that the application for variation of the UGL Resources (Services) Pty Limited Field Services Enterprise Agreement (Qld) 2011-2014 be dismissed. The Commission also ordered that UGL Resources (Services) Pty Limited pay the Australian Manufacturing Workers Union's costs of and incidental to the proceeding, to be paid within 28 days.

UGL Resources (Services) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established