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UGL Engineering Pty Ltd

UGL Engineering Pty Ltd

Case [2022] FWCA 1309

Collective Bargaining

Enterprise Agreements

Approval of Enterprise Agreements

Employment & Labour Law

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[2022] FWCA 1309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Engineering Pty Ltd

(AG2022/936)

UGL Western Region Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 APRIL 2022

Application for approval of the UGL Western Region Enterprise Agreement 2022

An application has been made by UGL Engineering Pty Ltd pursuant to s.185 of the Fair Work Act 2009 for approval of a single enterprise agreement known as the UGL Western Region Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2022. The nominal expiry date of the Agreement is 13 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: UGL Engineering Pty Ltd [2022] FWCA 1309
Case: [2022] FWCA 1309
Decision Date: 13 APRIL 2022

CaseChat Overview and Summary

The case involves UGL Engineering Pty Ltd, an engineering and services company, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the application for approval of the UGL Western Region Enterprise Agreement 2022, which the AMWU contested on several grounds. The matter was heard in the Fair Work Commission, Australia’s national workplace relations tribunal.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions of employment as stipulated by the Fair Work Act 2009. The AMWU argued that the proposed agreement did not adequately protect employees' rights and failed to meet the prescribed minimum standards. The Commission had to assess the fairness and compliance of the agreement with the legislative framework.

In its decision, the Commission examined the provisions of the proposed agreement and considered submissions from both parties. The Commission found that while some aspects of the agreement raised legitimate concerns, overall it provided fair and reasonable terms for the employees. The Commission concluded that the agreement was not unfair and met the statutory requirements for approval. The Commission approved the UGL Western Region Enterprise Agreement 2022, paving the way for its implementation.

The final orders of the Commission included the approval of the UGL Western Region Enterprise Agreement 2022, subject to certain conditions. The Commission mandated that UGL Engineering Pty Ltd must provide written notice to affected employees and the AMWU within a specified timeframe. Additionally, the agreement was to be registered with the Fair Work Commission and published on its website to ensure transparency and compliance.

Orders