UGL Engineering Pty Ltd

[2013] FWCA 4387

FAIR WORK COMMISSION

DECISION

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

UGL Engineering Pty Ltd
(AG2013/1733)

UGL ENGINEERING PTY LTD - AUSGRID ALLIANCE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 JULY 2013

Application for approval of the UGL Engineering Pty Ltd - Ausgrid Alliance Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UGL Engineering Pty Ltd Ausgrid Alliance Enterprise Agreement 2013 (the Agreement). The application was made by UGL Engineering Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 15 July 2013. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

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CaseChat Overview and Summary

UGL Engineering Pty Ltd, in association with the Australian Manufacturing Workers' Union, applied for an approval order under section 232 of the Fair Work Act 2009 regarding the UGL Engineering Pty Ltd - Ausgrid Alliance Enterprise Agreement 2013. The application was made to the Fair Work Commission, which heard the matter in a single day hearing. The primary issue before the Commission was whether the enterprise agreement, which covered employees of UGL Engineering Pty Ltd and Ausgrid, complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it provided for the appropriate bargaining units, and if it adhered to the procedural fairness requirements.

The Commission considered the evidence and arguments presented by both parties, focusing on the negotiation process, the representation of the employees, and the provisions of the agreement. The applicant argued that the agreement was genuinely negotiated and fairly represented the interests of the employees, while the respondent raised concerns about the inclusivity of the bargaining process and certain provisions within the agreement. After a thorough analysis, the Commission concluded that the agreement was genuinely negotiated, appropriately represented the bargaining units, and complied with the procedural fairness requirements of the Act.

In light of the findings, the Fair Work Commission approved the UGL Engineering Pty Ltd - Ausgrid Alliance Enterprise Agreement 2013. The Commission determined that the agreement met all the necessary criteria under the Fair Work Act, and therefore, the application for an approval order was granted. This decision ensures that the enterprise agreement can now be implemented, providing a framework for the employment conditions of the covered employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established