DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ultro Construction & Recruitment T/A Ultro Lift Installation & Maintenance
(AG2015/6167)

ULTRO CONSTRUCTION & RECRUITMENT AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the ULTRO CONSTRUCTION & RECRUITMENT and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise Agreement known as the ULTRO CONSTRUCTION & RECRUITMENT and AMWU Metal Engineering On-Site Construction Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ultro Construction & Recruitment T/A Ultro Lift Installation & Maintenance.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Ultro Construction & Recruitment, trading as Ultro Lift Installation & Maintenance, for approval of the AMWU Metal Engineering On-Site Construction Agreement 2014. This application was heard in the Fair Work Commission. The nature of the dispute was whether the proposed agreement adequately covered the terms and conditions of employment for the workers under the relevant industrial award.

The legal issues before the court included whether the agreement provided for a fair and reasonable balance of rights and obligations between the parties and whether it met the requirements for approval under the Fair Work Act 2009. The court needed to determine if the agreement provided minimum terms that were no less favourable than those stipulated in the Metal Engineering On-Site Construction Award 2010, and if it allowed for the agreement to operate effectively in the context of the specific operations of Ultro Construction & Recruitment.

The Fair Work Commission found that the agreement was fair and reasonable. The court considered the evidence presented by both parties and concluded that the agreement met the necessary criteria for approval. The agreement was found to provide for a balance of rights and obligations, and it did not disadvantage employees by setting terms that were less favourable than those in the relevant award. The court was satisfied that the agreement would operate effectively within the operational context of the applicant's business. The application for approval was accordingly approved.

No further orders were made beyond the approval of the agreement. The agreement was approved as a registered agreement under the Fair Work Act 2009, and it will govern the employment terms and conditions for the relevant workers at Ultro Construction & Recruitment.

Ultro Construction & Recruitment T/A Ultro Lift Installation & Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established