UGL Engineering Pty Ltd

[2022] FWCA 3603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Engineering Pty Ltd

(AG2022/4111)

UGL Products and Manufacturing Workshop Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 OCTOBER 2022

Application for approval of the UGL Products and Manufacturing Workshop Enterprise Agreement 2022

UGL Engineering Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the UGL Products and Manufacturing Workshop Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

The Agreement was approved on 17 October 2022 and, in accordance with s 54, will operate from 24 October 2022. The nominal expiry date of the Agreement is 24 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Engineering Pty Ltd applied for the approval of the UGL Products and Manufacturing Workshop Enterprise Agreement 2022. The applicant sought to have the agreement approved by the Fair Work Commission under section 232 of the Fair Work Act 2009. The applicant's submission was challenged by the Australian Manufacturing Workers' Union (AMWU) which argued that the agreement did not meet the requirements of the Fair Work Act.

The central issue before the Commission was whether the agreement was a lawful and fair enterprise agreement. The AMWU raised concerns about the procedural fairness of the process used to obtain the agreement and whether the agreement contained provisions that were not in the best interests of the employees. The Commission considered whether the agreement was a "simple, clear, fair and effective" agreement as required by section 230 of the Act.

The Fair Work Commission determined that the agreement was procedurally valid and met the criteria for approval. The Commission found that the process used to obtain the agreement was fair and that the agreement contained provisions that were in the best interests of the employees. The Commission considered the evidence and submissions provided by both parties and found that the agreement was a lawful and fair enterprise agreement. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

In approving the agreement, the Commission made an order under section 233 of the Fair Work Act that the UGL Products and Manufacturing Workshop Enterprise Agreement 2022 be approved. The AMWU's challenge to the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established