UGL Engineering Pty Ltd Summary

[2025] FWCA 2048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Engineering Pty Ltd

(AG2025/1778)

UGL ENGINEERING PTY LTD TRANSMISSION QUEENSLAND ENTERPRISE AGREEMENT 2024 TO 2028

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 JUNE 2025

Application for approval of the UGL Engineering Pty Ltd Transmission Queensland Enterprise Agreement 2024 to 2028

An application has been made for approval of an enterprise agreement known as the UGL Engineering Pty Ltd Transmission Queensland Enterprise Agreement 2024 to 2028 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Engineering Pty Ltd applied for approval of the UGL Engineering Pty Ltd Transmission Queensland Enterprise Agreement 2024 to 2028. The application was made under section 240 of the Fair Work Act 2009. The Fair Work Commission heard the application and had to decide whether the agreement met the requirements of the Act.

The main legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether the agreement met the requirements of section 231 of the Act, and whether the agreement was in the best interests of the employees. The Commission had to consider the process by which the agreement was made, the content of the agreement, and the impact of the agreement on the employees.

The Commission found that the agreement was a genuine enterprise agreement that had been made in accordance with the requirements of the Act. The Commission was satisfied that the agreement met the requirements of section 231 of the Act and that it was in the best interests of the employees. The Commission approved the agreement and made orders under section 240 of the Act.

The Commission made orders approving the UGL Engineering Pty Ltd Transmission Queensland Enterprise Agreement 2024 to 2028. The orders included the approval of the agreement, the registration of the agreement, and the publication of the agreement. The orders also included provisions for the review of the agreement and the enforcement of the agreement.

UGL Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established