UGM Engineers Diesel Services Division Pty Limited

[2016] FWCA 585

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

UGM Engineers Diesel Services Division Pty Ltd

(AG2016/2014)

UGM ENGINEERS DIESEL SERVICES DIVISION NSW ENTERPRISE

AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 29 JANUARY 2016

Application for approval of the UGM Engineers Diesel Services Division NSW Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

UGM Engineers Diesel Services Division NSW Enterprise Agreement 2015 (the Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by UGM Engineers Diesel Services Division Pty Ltd. The Agreement is a single

enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4] 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.
[2016] FWCA 585

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

5 February 2016. The nominal expiry date of the Agreement is 4 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417608 PR576531

[2016] FWCA 585

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement by UGM Engineers Diesel Services Division Pty Ltd, as per section 185 of the Fair Work Act 2009. The agreement in question is the UGM Engineers Diesel Services Division NSW Enterprise Agreement 2015, a single enterprise agreement. The application was brought before Commissioner Lee in Melbourne on 29 January 2016. The agreement is intended to cover employees in the manufacturing and associated industries sector.

The primary legal issue the court had to address was whether the application for approval met the requirements outlined in sections 186, 187, 188, and 190 of the Fair Work Act 2009. The court also had to consider whether the provided undertakings would cause financial detriment to any employees covered by the agreement or result in substantial changes to the agreement. Furthermore, the court had to verify that the Australian Manufacturing Workers' Union, as a bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover it.

The Commissioner found that the application for approval met all relevant requirements of the Fair Work Act 2009. The written undertakings provided by the Applicant were deemed sufficient, ensuring that they would not cause financial detriment to employees or result in substantial changes to the agreement. Additionally, the Commissioner noted that the Australian Manufacturing Workers' Union had given notice that it wanted the agreement to cover it, in accordance with section 183 of the Act. Consequently, the Agreement was approved and will operate from 5 February 2016 until its nominal expiry date of 4 February 2019, as per section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established