UGL Engineering Pty Limited

[2022] FWCA 2626

[2022] FWCA 2626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Engineering Pty Limited

(AG2022/2387)

UGL and ETU Victorian Rail Infrastructure EnterpriseAgreement 2021– 2025

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 AUGUST 2022

Application for approval of the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2021 - 2025

1. An application has been made for approval of an enterprise agreement known as the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2021 - 2025 (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.

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

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.

1. Noting that the agreement title provided for on the NERR differed from that of the Agreement. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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Annexure A