DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3393)

UGL ENGINEERING PTY LIMITED AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 NOVEMBER 2020

Application for approval of the UGL Engineering Pty Limited and ETU Greenfields Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of a greenfields agreement known as the UGL Engineering Pty Limited and ETU Greenfields Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 24 November 2020 and, in accordance with s 54, will operate from 1 December 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission addressed the application for approval of the UGL Engineering Pty Limited and ETU Greenfields Agreement 2018-2021. The dispute arose between the union and the employer, UGL Engineering Pty Limited, regarding the terms and conditions of employment outlined in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set forth in the Fair Work Act 2009, specifically concerning the compliance with the "better off overall test" and the procedural fairness in the bargaining process. The union argued that the proposed agreement did not adequately address the employees' entitlements and conditions, while the employer maintained that the agreement was fair and met the necessary legal standards.

The Commission carefully reviewed the evidence presented by both parties, examining the terms of the proposed agreement, the bargaining process, and the overall impact on the employees. The Commission found that while there were some procedural concerns regarding the negotiation process, the proposed agreement did meet the better off overall test. The Commission concluded that the agreement was fair and appropriate for approval, taking into account the overall benefits to the employees and the procedural fairness of the bargaining process.

As a result, the Fair Work Commission approved the UGL Engineering Pty Limited and ETU Greenfields Agreement 2018-2021, subject to the terms and conditions outlined in the decision. The application for approval was thus granted, and the agreement will now be implemented as a binding enterprise agreement between the parties.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established