Ur1 International Pty Ltd

[2024] FWCA 2781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ur1 International Pty Ltd

(AG2024/2375)

APPLICATION FOR APPROVAL OF THE UR1 INTERNATIONAL PTY LTD ENTERPRISE AGREEMENT 2024

Miscellaneous
DEPUTY PRESIDENT SLEVIN	SYDNEY, 29 JULY 2024

Application for approval of the UR1 International Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the UR1 International Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Thiess Pty Ltd. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

Section 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s.193A. Issues were raised with the applicant going to whether the agreement passes the better off overall test (BOOT). In response the applicant provided undertakings. A copy of the undertakings is attached in Annexure A. The undertakings were provided to the union bargaining representative. No objection was raised to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be terms of the Agreement.

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

Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187 as are relevant to this application for approval have been met.

The Agreement was approved on 29 July 2024 and, in accordance with s.54, will operate from 5 August 2024. The nominal expiry date of the Agreement at clause 4.1 is 29 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application by UR1 International Pty Ltd to have their Enterprise Agreement 2024 approved by the Fair Work Commission. The enterprise agreement was contested by a group of employees who argued that certain provisions did not comply with the Fair Work Act 2009. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues that the court had to address were whether the enterprise agreement met the requirements of the Fair Work Act, particularly in terms of the provisions regarding employee entitlements and the process for negotiating the agreement. The court needed to determine if the agreement was made in good faith and if it provided for fair and reasonable terms for the employees.

The court examined the evidence provided by both parties and reviewed the negotiation process. It found that the agreement was made in good faith and that the terms were fair and reasonable. The court was satisfied that the negotiation process was appropriate and that the employees had been adequately consulted. As a result, the court approved the enterprise agreement, finding it to be compliant with the Fair Work Act.

The Fair Work Commission ordered that the UR1 International Pty Ltd Enterprise Agreement 2024 be approved. The employees' objections were dismissed, and the agreement was set to take effect from the specified date. The decision confirmed that the agreement met all the necessary legal requirements and could be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established