DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2020/1343)

UGL NSW ENTERPRISE AGREEMENT 2020

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

Application for approval of the UGL NSW Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the UGL NSW Enterprise Agreement 2020 (‘the Agreement’). The application was made by UGL Engineering Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Communications, Electrical and Plumbing Union (“the CEPU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved UGL Engineering Pty Ltd, an engineering company, and the Australian Manufacturing Workers' Union. The dispute centred on the proposed UGL NSW Enterprise Agreement 2020, with the union seeking approval of the agreement from the Fair Work Commission. UGL Engineering argued that certain provisions of the agreement were unfair and not in the best interests of the employees. The case was heard in the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia.

The primary legal issue before the court was whether the provisions of the UGL NSW Enterprise Agreement 2020 were fair and reasonable in all aspects. The court had to consider various aspects of the agreement, including its impact on the employees, the bargaining power of the parties, and whether the agreement was genuinely negotiated. Additionally, the court had to assess if the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission determined that the UGL NSW Enterprise Agreement 2020 was fair and reasonable in all aspects. The court found that the agreement was genuinely negotiated between the parties, and that it provided adequate protections for the employees. The court also noted that the agreement was in line with the relevant provisions of the Fair Work Act 2009. In light of these findings, the court approved the UGL NSW Enterprise Agreement 2020.

The final orders of the court were that the UGL NSW Enterprise Agreement 2020 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the court's decision, and all parties were bound by its terms. The court's decision brought certainty to the employment relationship between UGL Engineering and its employees, as well as providing a framework for future negotiations between the parties.

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