UGL Engineering Pty Ltd

[2025] FWCA 3403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Engineering Pty Ltd

(AG2025/3363)

UGL ENGINEERING PTY LTD AND ETU NSW/ACT ELECTRICAL SUPPLY INDUSTRY AGREEMENT 2025 - 2028

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 OCTOBER 2025

Application for approval of the UGL Engineering Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028

UGL Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the UGL Engineering Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the employee organisation that will be covered by the Agreement is 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.

The Agreement was approved on 10 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved UGL Engineering Pty Ltd, an engineering company, and the Electrical Trades Union of New South Wales and the Australian Capital Territory (ETU NSW/ACT). The dispute was regarding the approval of the UGL Engineering Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028. The application for approval was brought before the Fair Work Commission, an Australian independent statutory body with the responsibility of overseeing and regulating workplace relations matters.

The legal issues that the court had to address involved whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interest of the employees and if it complied with the provisions of the Act, including the "better-off-overall test." This test ensures that employees are not worse off under the agreement than they would be under the relevant award or safety net.

The court examined the terms and conditions of the agreement, including wages, hours of work, and other employment-related matters. It considered the evidence provided by both parties and assessed the agreement against the statutory criteria. The court found that the agreement met the requirements of the Act and was in the best interest of the employees, as it provided them with improved terms and conditions compared to the relevant award or safety net. Therefore, the court approved the UGL Engineering Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028.

The final orders of the court were that the UGL Engineering Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028 be approved. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from 1 July 2025 to 30 June 2028. This decision was binding on all parties involved and would govern the employment relationship between UGL Engineering Pty Ltd and its employees represented by the ETU NSW/ACT during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established