DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2020/2002)

UGL SYDNEY TUNNELLING ENTERPRISE AGREEMENT 2020 -2023

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 24 AUGUST 2020

Application for approval of the UGL Sydney Tunnelling Enterprise Agreement 2020-2023.

[1] An application has been made for approval of a greenfields agreement known as the UGL Sydney Tunnelling Enterprise Agreement 2020 -2023 (the Agreement). The application was made by UGL Engineering Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU) and the Communications Electrical and Plumbing Union (CEPU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I note that clauses 5 and 22.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and the CEPU and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2020. The nominal expiry date of the Agreement is 5 November 2023.

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 Sydney Tunnelling Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009. The applicant sought to have the agreement, which provided for the terms and conditions of employment for certain employees, registered by the Fair Work Commission as a registered agreement. The dispute arose because one of the respondent unions did not support the agreement. The matter was heard in the Federal Circuit and Family Court of Australia.

The key legal issue was whether the agreement was in the best interests of the employees it covered. In making this determination, the Court considered the application of section 234 of the Fair Work Act. The applicant argued that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and included provisions that were beneficial to employees. The union argued that the agreement did not provide adequate protections for employees. The Court needed to weigh the arguments from both sides to determine if the agreement was in the best interests of the employees.

The Court found that the agreement contained appropriate mechanisms for the resolution of workplace disputes and provided benefits to employees. The provisions of the agreement were considered fair and reasonable, and the Court was satisfied that it was in the best interests of the employees. The Court approved the application and registered the agreement as a registered agreement under the Fair Work Act.

The Court ordered that the UGL Sydney Tunnelling Enterprise Agreement 2020-2023 be registered as a registered agreement under the Fair Work Act 2009. The agreement would now apply to the employees it covered, and the union's objection was dismissed.

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