Ugl Engineering Pty Limited Summary

[2025] FWCA 3000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ugl Engineering Pty Limited

(AG2025/2760)

URM ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 5 SEPTEMBER 2025

Application for approval of the URM Enterprise Agreement 2024

UGL Engineering Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the URM Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representative

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 September 2025. The nominal expiry date of the Agreement is 19 June 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ugl Engineering Pty Limited sought approval for the URM Enterprise Agreement 2024 from the Fair Work Commission. The dispute centred on the terms of the proposed agreement, which was intended to govern the employment conditions of employees within the unionised workforce of Ugl Engineering. The company argued that the agreement provided a fair and reasonable framework for workplace relations, while the union contended that certain provisions did not adequately protect employee rights and conditions.

The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to assess if the agreement provided for the employees' minimum entitlements, allowed for flexibility and productivity in the workplace, and was made in good faith. The central legal issue was whether the provisions regarding shift patterns, overtime, and dispute resolution mechanisms complied with the legal standards for a fair and efficient enterprise agreement.

In delivering its decision, the Fair Work Commission carefully examined the terms of the agreement against the legal criteria. The Commission found that the agreement adequately provided for the employees' minimum entitlements and included provisions that allowed for flexibility in the workplace. Furthermore, the dispute resolution mechanisms were deemed sufficient to address any future conflicts. The Commission concluded that the agreement was made in good faith and did not disadvantage any party. Accordingly, the Commission approved the URM Enterprise Agreement 2024.

The Fair Work Commission's final orders approved the URM Enterprise Agreement 2024, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission, and its terms will govern the employment conditions of the relevant employees. The approval signifies a resolution to the dispute, allowing both parties to proceed with the implementation of the agreement within the legal framework provided by the Fair Work Act 2009.

Ugl Engineering Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established