DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance (Services) Pty Limited
(AG2021/6458)

UEE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 AUGUST 2021

Application for approval of the UEE Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the UEE Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of UGL Operations and Maintenance (Services) Pty Limited, the Fair Work Commission was presented with an application for the approval of the UEE Enterprise Agreement 2021. This agreement was proposed between the applicant and the United Electrical, Electronic, and Telecommunications Union (UEE). The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, particularly in relation to the procedural fairness and the provision of relevant information to the employees.

The central legal issues the Commission needed to address were whether the agreement was fairly negotiated and if it contained all the necessary information required under the Fair Work Act. Specifically, the Commission examined whether the applicant had provided adequate notice and information to the employees regarding the proposed agreement and whether the process followed was procedurally fair. Furthermore, the Commission considered whether the terms and conditions of the agreement were reasonable and met the needs of both the employer and the employees.

The Fair Work Commission found that the applicant had provided the requisite information and notice to the employees as required by the Fair Work Act. The Commission was satisfied that the negotiation process was procedurally fair and that the agreement contained all the necessary terms and conditions. The Commission also found that the terms of the agreement were reasonable and met the needs of both parties. Consequently, the Commission approved the UEE Enterprise Agreement 2021.

In conclusion, the Fair Work Commission approved the UEE Enterprise Agreement 2021, finding that the applicant had met all the necessary requirements under the Fair Work Act. The Commission determined that the agreement was fairly negotiated and contained all the required information, and that the terms and conditions were reasonable. The approval of the agreement ensures that both the employer and the employees are bound by the terms of the agreement, providing a framework for their future employment relationship.

UGL Operations and Maintenance (Services) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established