UGL Engineering Pty Limited

[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

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.

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.

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.

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.

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 9 August 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved UGL Engineering Pty Limited and the Electrical Trades Union. The dispute centred around the approval of the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2021 - 2025. The Commission was required to determine whether the agreement met the necessary criteria for registration under the Fair Work Act 2009. This included assessing if the agreement had been made in good faith, if it contained appropriate dispute resolution mechanisms, and if it met the requirements for bargaining representation.

The legal issues before the Commission included whether the agreement was made in good faith and if it contained adequate provisions for dispute resolution. The Commission also had to consider if the agreement met the requirements for registration under section 231 of the Fair Work Act. Specifically, the Commission examined if the agreement was made between appropriate bargaining representatives, if it contained the necessary minimum terms and conditions, and if the agreement was not contrary to public policy.

The Fair Work Commission found that the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2021 - 2025 was made in good faith and met the requirements for registration. The Commission concluded that the agreement contained appropriate dispute resolution mechanisms and met the necessary minimum terms and conditions. The Commission was satisfied that the agreement was not contrary to public policy and that it had been made between appropriate bargaining representatives. As such, the Commission approved the agreement for registration.

The Fair Work Commission ordered the registration of the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2021 - 2025. The agreement will now be registered and will apply to the relevant employees and employers as of the agreed commencement date. The Commission's decision provides clarity and certainty for the parties involved and ensures that the agreement is legally enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established