DECISION

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

UGL Operations & Maintenance Pty Ltd
(AG2020/645)

UGL ALCOA ELECTRICAL ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MARCH 2020

Application for approval of the UGL Alcoa Electrical Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the UGL Alcoa Electrical Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Operations & Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2020 and, in accordance with s.54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 7 April 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, UGL Operations & Maintenance Pty Ltd, sought approval of the UGL Alcoa Electrical Enterprise Agreement 2020 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the Fair Work Ombudsman intervening in support of the applicant's position. The primary dispute centred on whether the agreement met the necessary criteria for registration and approval under the Act, including whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement complied with the requirements set out in the Fair Work Act, particularly in relation to the provisions for minimum wages, penalties, and conditions of employment. A key point of contention was whether the proposed agreement adequately protected the rights and interests of the employees, including whether it provided sufficient mechanisms for dispute resolution and the inclusion of appropriate safeguards against unfair dismissal.

In reaching its decision, the Commission considered the submissions from both parties and examined the provisions of the agreement in detail. The Commission found that the agreement was compliant with the statutory requirements and met the standards for fair and reasonable terms and conditions. The Commission noted that the agreement provided for adequate wage increases, included provisions for dispute resolution, and contained appropriate safeguards to protect employees' rights. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all respects.

The Commission's approval of the UGL Alcoa Electrical Enterprise Agreement 2020 ensures that the terms and conditions of employment for the relevant employees are legally compliant and adequately protect their rights. The decision affirms the importance of ensuring that enterprise agreements meet the statutory requirements set out in the Fair Work Act.

UGL Operations & Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established