Ugl Engineering Pty Limited

[2025] FWCA 3389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ugl Engineering Pty Limited

(AG2025/3333)

UGL RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 9 OCTOBER 2025

Application for approval of the UGL Rail Infrastructure Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the UGL Rail Infrastructure Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by UGL Engineering Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 9 October 2028.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, UGL Engineering Pty Limited sought approval for the UGL Rail Infrastructure Enterprise Agreement 2024. This agreement proposed changes to the terms and conditions of employment for workers within the rail infrastructure sector. The application was made under the Fair Work Act 2009, which provides a framework for the approval of enterprise agreements. The dispute centred on whether the proposed agreement met the legal criteria for approval, including the requirement that it provides for fair and reasonable terms and conditions of employment.

The primary legal issues the Commission had to decide were whether the agreement complied with the statutory requirements for enterprise agreements, and whether it provided for fair and reasonable terms and conditions for the employees. This included assessing whether the agreement met the "better off overall test" which ensures that employees are not worse off financially compared to their previous conditions. Additionally, the Commission had to consider if the agreement contained all the mandatory terms prescribed by the Act and whether there was adequate consultation and disclosure to the affected employees.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees, and that it passed the "better off overall test". The Commission also found that the agreement contained all the mandatory terms required by the Act and that there had been adequate consultation and disclosure to the affected employees. As a result, the application for approval of the UGL Rail Infrastructure Enterprise Agreement 2024 was successful.

The Commission approved the UGL Rail Infrastructure Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the new terms and conditions set out in the agreement will apply to the relevant employees. The decision provides certainty for both UGL Engineering and the affected employees regarding their employment conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established