DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

UGL Engineering Pty Ltd
(AG2020/3228)

UGL CLEANCO ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 NOVEMBER 2020

Application for approval of the UGL CleanCo Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields enterprise agreement to be known as the UGL CleanCo Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGL Engineering Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 17 November 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 30 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Engineering Pty Ltd was the applicant seeking approval of a proposed enterprise agreement with its employees. The dispute arose in the Fair Work Commission, Australia's industrial relations tribunal, where the applicant sought approval for the UGL CleanCo Enterprise Agreement 2020. The legal issues before the tribunal were whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered.

The tribunal examined the agreement to determine if it complied with the procedural and substantive requirements outlined in the Fair Work Act. Procedurally, the tribunal assessed whether the applicant had followed the correct process for reaching the agreement, including adequate consultation with employees and provision of relevant information. Substantively, the tribunal considered if the agreement provided for fair and reasonable terms and conditions, including pay, hours of work, and other employment conditions that were not less favourable than the applicable award or registered agreement. The tribunal also examined whether the agreement was consistent with the Fair Work Act's objectives, including promoting high levels of employment, economic prosperity, and social inclusion.

After careful consideration of the evidence and submissions, the tribunal approved the proposed agreement. The tribunal found that the applicant had followed the necessary procedural steps and that the agreement contained terms and conditions that were fair and reasonable. The tribunal concluded that the agreement aligned with the objectives of the Fair Work Act and would benefit both the employees and the employer. Consequently, the tribunal granted the application for approval of the UGL CleanCo Enterprise Agreement 2020.

UGL Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established