UGL Engineering Pty Ltd

[2019] FWCA 7737

[2019] FWCA 7737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2019/3710)

UGL MILPERRA ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 13 NOVEMBER 2019

Application for approval of the UGL Milperra Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by UGL Engineering Pty Ltd (the applicant), for the approval of an enterprise agreement known as the UGL Milperra Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act

[2] The Commission raised with the applicant that its Form F17 did not expressly state whether the applicant had given covered employees a copy of the Manufacturing and Associated Industries and Occupations Award 2010 (the Award). As the Award is incorporated by reference in the Agreement, s.180(2)(a)(ii) of the Act requires the applicant to take reasonable steps to provide the relevant employees with a copy of the Award. The applicant confirmed that a copy of the Award was provided to employees within the workplace and a link was also provided for employees to access the Award.

[3] The Commission also raised with the applicant that its Form F17 indicated that an information session was held on 18 September 2019 during which the Agreement was explained to relevant employees. The relevant employees were also provided with an explanatory handout at the information session explaining the fundamental changes to the current Agreement, a copy of which was provided to the Commission as part of the applicant’s application. The brevity of the explanatory handout raised the issue of whether the employer took reasonable steps to explain the terms of the Agreement, and the effect of the terms of the Agreement, to the relevant employees as required under s.180(5)(a) of the Act. As such, the Commission asked the applicant to explain the steps they took to comply with s.180(5)(a) of the Act.

[4] The applicant confirmed the explanatory handout was supplementary to an information session that was provided to employees on 18 September 2019. The explanatory handout provided employees with an overview of key changes to the proposed Agreement that were agreed during the negotiations. Other than the key changes provided in the explanatory handout, the current terms and conditions of employees largely remain unchanged. An information session was scheduled and conducted by the applicant’s HR Manager on 18 September 2019 during which key terms of the Agreement, including their effects, were explained to employees. During the information session, employees were invited to ask questions regarding terms of the proposed agreement. The HR Manager offered employees the opportunity for additional ‘one on one’ information sessions.

[5] The applicant also provided undertakings regarding wage rates for apprentices, minimum engagement periods for part-time and casual employees, and the removal of clauses 15 and 17 of the Agreement.

[6] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[7] Subject to the undertakings and the considerations 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. The employee bargaining representatives’ views were sought regarding the undertakings provided by the applicant.

[8] I note that on 3 October 2019 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) wrote to the Commission stating that it has members who would be covered by the Agreement and is therefore a bargaining representative for the Agreement. The CEPU requested copies of the applicant’s F16, F17 and the proposed Agreement, and advised the Commission that it seeks to be covered by the Agreement and to make submissions regarding approval of the Agreement. The applicant in its F16 did not identify the CEPU as a bargaining representative for the Agreement.

[9] On 7 October 2019 the Commission, in accordance with its administrative file access policy, provided to the CEPU redacted copies of the applicant’s F16, F17 and the proposed Agreement as requested.

[10] On 14 October 2019, my Chambers wrote to the CEPU requesting that it provide reasons for its interest in the Agreement and any submissions it wished to provide by no later than close of business on 18 October 2019. The Commission did not receive any response from the CEPU.

[11] My Chambers wrote to the CEPU again on 21 October 2019 requesting the CEPU to advise the Commission whether it still maintains an interest in the applicant’s application by close of business on 24 October 2019. As at the date of this decision, the Commission has not received any response or further correspondence from the CEPU.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 2 June 2022. 

DEPUTY PRESIDENT

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