UCS Overhead Services Pty Ltd T/A UCS Overhead Services Summary

[2022] FWCA 1662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UCS Overhead Services Pty Ltd T/A UCS Overhead Services

(AG2022/1429)

UCS Overhead Services & ETU Powerline Enterprise Agreement2020-2023

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 19 MAY 2022

Application for approval of the UCS Overhead Services & ETU Powerline Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the UCS Overhead Services & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UCS Overhead Services Pty Ltd T/A UCS Overhead Services. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2022. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UCS Overhead Services Pty Ltd, trading as UCS Overhead Services, was involved in an application for approval of an enterprise agreement with the Electrical Trades Union (Powerline). The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The primary dispute centred on the terms and conditions outlined in the UCS Overhead Services & ETU Powerline Enterprise Agreement 2020-2023, specifically whether the agreement complied with all legal requirements and whether it was fair and reasonable for the parties involved.

The Fair Work Commission was required to determine whether the enterprise agreement met the statutory requirements under the Fair Work Act, including provisions relating to good faith bargaining, the protection of employees' rights, and the avoidance of unnecessary complexity in the agreement. Additionally, the Commission needed to assess whether the agreement was procedurally sound and whether it provided fair and reasonable outcomes for both the employer and the employees. The central issue was whether the agreement was made in good faith, with the necessary protections for employees, and whether it adhered to the statutory framework.

The Fair Work Commission found that the UCS Overhead Services & ETU Powerline Enterprise Agreement 2020-2023 was compliant with the requirements of the Fair Work Act. The Commission determined that the agreement was made in good faith, with all necessary protections for employees in place. The terms of the agreement were considered fair and reasonable, and the Commission was satisfied with the process followed to reach the agreement. As a result, the application for approval was successful, and the enterprise agreement was approved.

The Fair Work Commission issued its decision approving the UCS Overhead Services & ETU Powerline Enterprise Agreement 2020-2023. The agreement was found to be compliant with the Fair Work Act, and all necessary protections for employees were in place. The Commission was satisfied with the good faith bargaining process and the fair and reasonable outcomes provided by the agreement. The approval of the enterprise agreement was a significant step in ensuring that the terms and conditions of employment for the employees of UCS Overhead Services were legally sound and appropriately negotiated.

UCS Overhead Services Pty Ltd T/A UCS Overhead Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established