UAM Pty Ltd

[2025] FWCA 279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UAM Pty Ltd

(AG2025/14)

UAM PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 29 JANUARY 2025

Application for approval of the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028

UAM Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 October 2024 and the Agreement was made on 20 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU.

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

5 February 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028. The applicant, UAM Pty Ltd, sought to have the agreement approved as a modern award, a process which requires the agreement to meet certain criteria under the Fair Work Act 2009. The respondents, including various unions and industry bodies, opposed the approval, arguing that the agreement did not comply with legislative requirements and was not in the best interests of the employees.

The central legal issues the Commission needed to resolve were whether the agreement was appropriately negotiated, whether it complied with the minimum standards set out in the Fair Work Act, and whether the process of approval was conducted in a manner that was fair and appropriate. The Commission also needed to consider whether the agreement was likely to promote improved productivity, enterprise efficiency, and industrial harmony.

In delivering its decision, the Fair Work Commission found that the agreement had been appropriately negotiated and contained terms that met the minimum standards required by the Fair Work Act. The Commission considered the submissions from the respondents and the evidence provided by the applicant. It determined that the agreement did not contain any terms that were contrary to public policy or that would undermine the objectives of the Act. The Commission also found that the process of approval had been conducted fairly and appropriately, with due consideration given to the interests of all parties. Based on these findings, the Commission approved the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028 as a modern award, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established