DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Limited
(AG2016/3211)

UGL WA ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JULY 2016

Application for approval of the UGL WA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UGL WA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Engineering Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2016. The nominal expiry date of the Agreement is 13 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the matter of UGL Engineering Pty Limited was heard. The applicant sought approval of the UGL WA Enterprise Agreement 2016. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant, a company operating within the engineering sector, argued that the agreement was fair and reasonable for the employees it covered.

The court was required to determine if the agreement complied with the provisions of the Fair Work Act, particularly focusing on the requirement for the agreement to provide for fair and reasonable terms and conditions. This included assessing whether the agreement appropriately balanced the rights and obligations of both the employer and the employees, and whether it allowed for genuine flexibility and adaptability in the workplace. The court also needed to consider if the agreement was made in good faith and whether it provided for appropriate dispute resolution mechanisms.

After reviewing the terms of the agreement and the submissions from both parties, the court found that the UGL WA Enterprise Agreement 2016 met the statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, taking into account the needs and interests of both the employer and the employees. The court was satisfied that the agreement was made in good faith and included appropriate mechanisms for resolving disputes. Therefore, the court approved the agreement, finding it to be compliant with the provisions of the Fair Work Act.

UGL Engineering Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established