DECISION

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

UGL Engineering Pty Ltd
(AG2020/1444)

URM ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 12 JUNE 2020

Application for approval of the URM Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the URM 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 Applicant). The Agreement is a single enterprise agreement.

[2] Mr Daniel Austin, Research Officer of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

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

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[5] The CEPU, 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) of the Act I note that the Agreement covers the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, and clause 2.1 of the Agreement, will operate from 19 June 2020. The nominal expiry date of the Agreement is 19 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of UGL Engineering Pty Ltd, the applicant sought approval of the URM Enterprise Agreement 2020, which had been negotiated between the employer and the United Workers Union, acting on behalf of the employees. The application was heard in the Fair Work Commission, where the central issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the interests of the employees and if it adhered to the statutory requirements, including provisions for dispute resolution and employee representation.

The legal issues before the Commission involved a detailed examination of the agreement's contents, particularly in relation to procedural fairness, the adequacy of the dispute resolution mechanisms, and whether the agreement provided fair and reasonable terms and conditions of employment. The Union argued that the agreement was fair and represented the best outcome achievable for the employees under the circumstances. Conversely, the applicant maintained that the agreement was fair, reasonable, and in the best interests of the employees, and complied with all statutory requirements.

The Commission considered the submissions from both parties and undertook a thorough review of the agreement. It found that the agreement provided fair and reasonable terms and conditions of employment for the employees, included adequate dispute resolution mechanisms, and was in the interests of the employees. The Commission also determined that the agreement complied with all statutory requirements. Consequently, the application for approval of the URM Enterprise Agreement 2020 was granted.

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