DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Utility Asset Management Pty Ltd T/A UAM
(AG2017/2794)

UAM NSW FIELD STAFF ENTERPRISE AGREEMENT 2016

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 OCTOBER 2017

Application for approval of the UAM NSW Field Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UAM NSW Field Staff Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Utility Asset Management Pty Ltd T/A UAM. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Utility Asset Management Pty Ltd T/A UAM. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 13 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A:

CaseChat Overview and Summary

The case involved Utility Asset Management Pty Ltd, trading as UAM, and the Fair Work Commission. The dispute centred on the application for the approval of the UAM NSW Field Staff Enterprise Agreement 2016. The Commission was tasked with assessing whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved. This included considerations of whether the agreement facilitated the making of a valid enterprise agreement and whether it adhered to the procedural fairness requirements.

The legal issues before the Commission were multifaceted. Firstly, it needed to determine if the agreement was genuinely made by the parties involved. This involved examining the processes through which the agreement was negotiated and whether there was compliance with the procedural fairness requirements. Secondly, the Commission had to ensure that the agreement facilitated the making of a valid enterprise agreement, which included assessing whether the agreement contained all necessary terms and conditions. Lastly, the Commission had to consider whether the agreement met the minimum standards outlined in the Fair Work Act, including provisions for minimum wages and conditions.

In its reasoning, the Commission found that the UAM NSW Field Staff Enterprise Agreement 2016 was genuinely made by the parties involved, as evidenced by the thorough negotiation process. The Commission also determined that the agreement contained all the required terms and conditions and met the minimum standards prescribed by the Fair Work Act. The procedural fairness requirements were satisfied, as there was clear evidence of fair negotiation practices. Consequently, the Commission approved the agreement, recognising its validity and compliance with the legislative framework.

The final orders of the Commission were to approve the UAM NSW Field Staff Enterprise Agreement 2016, recognising its compliance with the Fair Work Act and its facilitation of a valid enterprise agreement. The Commission's decision was based on a comprehensive assessment of the negotiation process, the contents of the agreement, and its adherence to statutory requirements.

Utility Asset Management Pty Ltd T/A UAM

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established