UAM Pty Ltd T/A UAM Summary

[2022] FWCA 1487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UAM Pty Ltd T/A UAM

(AG2022/1159)

UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024

Electrical contracting industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 4 MAY 2022

Application for approval of the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UAM Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 30 March 2022 in accordance with s.185(3) of the Act. As it was not filed until 14 April 2022, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU-ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU-ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UAM Pty Ltd, trading as UAM, applied for approval of the Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024. The application was contested by the Electrical Trade Union of Australia, which raised concerns about several provisions of the agreement, particularly those concerning casual employment and employee entitlements. The matter was heard by the Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The Commission considered whether the agreement was a "better off overall test" agreement, meaning that the overall balance of benefits and detriments to employees must be more favourable than the applicable award or safety net. The Commission also examined whether the agreement contained provisions that were contrary to public policy or were otherwise unfair. The Electrical Trade Union of Australia argued that certain provisions of the agreement were inconsistent with the principles of the Fair Work Act, particularly in relation to casual employment and employee entitlements.

After reviewing the evidence and arguments presented, the Commission found that the agreement met the "better off overall test" and was in the best interests of the employees. The Commission rejected the arguments raised by the Electrical Trade Union of Australia and approved the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any provisions that were contrary to public policy or otherwise unfair.

The Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the provisions relating to casual employment and employee entitlements. The Commission also noted that the agreement provided for a dispute resolution process that was fair and efficient and would facilitate the resolution of any future disputes between the parties.

UAM Pty Ltd T/A UAM

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established