DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2018/2428)

UGL MAINTENANCE (SOUTH EAST) QUEENSLAND ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the UGL Maintenance (South East) Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the UGL Maintenance (South East) Queensland Enterprise Agreement 2018 (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.

[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 26 September 2018. The nominal expiry date of the Agreement is 26 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved UGL Engineering Pty Ltd, who sought approval for the UGL Maintenance (South East) Queensland Enterprise Agreement 2018. The application was brought pursuant to section 232 of the Fair Work Act 2009. The Fair Work Commission had previously determined that the agreement met the requirements of section 230 of the Act, but it was necessary to seek the court's approval to formalise the agreement. The legal issues before the court were whether the agreement was made in good faith, whether it was fairly negotiated, and whether it met the standards of the modern awards.

The court found that the agreement had been made in good faith and was fairly negotiated. The employer had demonstrated a commitment to the bargaining process and had engaged in meaningful discussions with the employees' representatives. The court also noted that the agreement contained provisions that were consistent with the modern awards and provided for reasonable terms and conditions of employment. The court was satisfied that the agreement met the requirements of section 230 of the Fair Work Act 2009.

Consequently, the court approved the UGL Maintenance (South East) Queensland Enterprise Agreement 2018, formalising the agreement. The court acknowledged the efforts of both parties in reaching a fair and reasonable agreement that met the statutory requirements. The approval of the agreement ensures that the employees covered by the agreement will receive the benefits and protections provided by the agreement, while also providing certainty to the employer in relation to the terms and conditions of employment.

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