DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2020/2520)

UGL RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 9 OCTOBER 2020

Application for approval of the UGL Rail Infrastructure Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the UGL Rail Infrastructure Enterprise Agreement 2020 (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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 9 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, UGL Engineering Pty Ltd sought approval of the UGL Rail Infrastructure Enterprise Agreement 2020 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, presided over by Commissioner A. The dispute centred on the validity and fairness of the proposed agreement, which was intended to regulate the employment terms and conditions for certain employees within UGL's rail infrastructure division.

The court was tasked with determining whether the agreement met the statutory requirements of the Fair Work Act. Specifically, the court had to assess whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner. This included scrutinising the agreement's compliance with the "better off overall test," which required that no employee be worse off under the new agreement compared to their existing terms. Additionally, the court examined whether the agreement was genuinely negotiated and whether it contained provisions that were not contrary to public policy.

Commissioner A found that the agreement satisfied the statutory criteria for approval. The court held that the agreement was fairly negotiated and contained terms and conditions that were reasonable and fair. The better-off-overall test was also met, as no employee would be disadvantaged by the new agreement. The court noted that the agreement included provisions that addressed key employment issues, such as wages, working hours, and leave entitlements, in a manner that was consistent with the principles of the Fair Work Act. Therefore, the application for approval was granted.

The Fair Work Commission approved the UGL Rail Infrastructure Enterprise Agreement 2020, subject to the terms and conditions set out in the agreement. This decision confirms the agreement's validity and enforceability, ensuring that the affected employees are governed by the terms agreed upon by UGL Engineering Pty Ltd and the relevant employee representatives.

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