DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Engineering Pty Ltd
(AG2018/1509)

UGL AND ETU VICTORIAN RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2018

Application for approval of the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2017 - 2021 (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 16 August 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the application for approval of the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2017-2021, UGL Engineering Pty Ltd, the applicant, sought approval from the Fair Work Commission of Australia. The applicant and the Electrical Trades Union of Australia (ETU) had reached an agreement on a new enterprise agreement that would govern the employment conditions of workers within the Victorian Rail Infrastructure industry. The dispute arose due to the need for formal approval of this agreement by the Fair Work Commission, ensuring compliance with the Fair Work Act 2009.

The legal issues before the Court involved assessing whether the terms of the proposed agreement were in compliance with the statutory requirements of the Fair Work Act, including provisions relating to the protection of employee interests, fairness, and the avoidance of any undue detriment to employees. The Court had to consider whether the agreement met the minimum standards set out in the Act and whether it was an appropriate and fair agreement for the workers involved.

The Court carefully examined the terms of the agreement, finding that it adhered to the requirements of the Fair Work Act. The agreement was considered to be fair and reasonable, providing adequate protection for employees' interests and avoiding any undue detriment. The Court also noted the extensive consultation process between the parties, which contributed to the agreement's fairness and appropriateness. As a result, the Court approved the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2017-2021.

The Fair Work Commission approved the UGL and ETU Victorian Rail Infrastructure Enterprise Agreement 2017-2021, recognising it as a fair and appropriate agreement for the employees involved. The Court's decision was based on the agreement's compliance with the Fair Work Act and the protection of employees' interests. The approval of this agreement ensures that the terms and conditions of employment for workers within the Victorian Rail Infrastructure industry are governed by a legally binding and fair agreement.

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