UGL Operations & Maintenance Pty Ltd

[2023] FWCA 2361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd

(AG2023/2409)

UGL OPERATIONS & MAINTENANCE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 28 JULY 2023

Application for approval of the UGL Operations & Maintenance PTY LTD & ETU Powerline Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the UGL Operations & Maintenance PTY LTD & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement). The application was made by UGL Operations & Maintenance Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.201(2A) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2023. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of UGL Operations & Maintenance Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between UGL Operations & Maintenance Pty Ltd and the Electrical Trades Union (ETU). The dispute centred on the specifics of the proposed Powerline Enterprise Agreement for the years 2020-2023, with both parties presenting their case for the agreement's approval. The primary concern was whether the agreement met the statutory requirements under the Fair Work Act 2009, ensuring it was in the best interests of the employees and the employer.

The legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions, and whether it complied with the requirements of the Fair Work Act. The court needed to determine if the agreement was free from any improper interference or undue influence and if it provided for the fair and equitable treatment of all employees involved. Additionally, the court had to consider the balance of the agreement in terms of its impact on both the employees and the employer.

The Fair Work Commission carefully examined the provisions of the proposed agreement, considering the submissions from both parties. The court noted the comprehensive nature of the agreement, which addressed various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The court found that the agreement met the necessary criteria under the Fair Work Act, providing for fair and reasonable terms and conditions of employment. The court concluded that the agreement was not subject to any improper interference and was in the best interests of the employees and the employer. Therefore, the application for approval of the UGL Operations & Maintenance Pty Ltd and ETU Powerline Enterprise Agreement 2020-2023 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established