UGL Engineering Pty Ltd

[2013] FWCA 6745

FAIR WORK COMMISSION

DECISION

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

UGL Engineering Pty Ltd
(AG2013/2550)

UGL ENGINEERING PTY LTD QUEENSLAND ELECTRICAL SUPPLY INDUSTRY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 SEPTEMBER 2013

Application for approval of the UGL Engineering Pty Ltd Queensland Electrical Supply Industry Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 August 2013 by UGL Engineering Pty Ltd for the approval of a single-enterprise agreement known as the UGL Engineering Pty Ltd Queensland Electrical Supply Industry Enterprise Agreement 2013 (“the Agreement”).

[2] On 5 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Engineering Pty Ltd sought approval of the Queensland Electrical Supply Industry Enterprise Agreement 2013. The application was contested by the Electrical Trades Union of Australia and the United Workers Union, who raised concerns regarding the agreement's terms and conditions, particularly those related to employment status, pay rates, and conditions. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the 'better off overall test'. The Commission had to determine if the proposed agreement provided for a fair and efficient workplace, considering the needs of both employees and employers.

The Commission considered the arguments from both parties, examining the provisions of the agreement and their potential impact on employees. It was crucial to ensure that the agreement did not undermine the rights of employees and provided for a fair and efficient workplace. The Commission also assessed whether the agreement met the 'better off overall test', which required that employees be no worse off and at least some employees be better off financially under the new agreement. The Commission concluded that the agreement did not comply with the 'better off overall test' and thus failed to meet the statutory requirements.

Following this determination, the Fair Work Commission dismissed the application for approval of the Queensland Electrical Supply Industry Enterprise Agreement 2013. The decision was based on the failure of the agreement to meet the statutory requirements and the 'better off overall test'. The Commission directed the parties to negotiate a revised agreement that complied with the Fair Work Act 2009 and met the 'better off overall test'. This ruling highlights the importance of ensuring that enterprise agreements provide for fair and efficient workplaces while protecting the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established