UGL Rail (North Queensland) Pty Ltd

[2025] FWCA 1549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

UGL Rail (North Queensland) Pty Ltd

(AG2025/1200)

UGL RAIL TOWNSVILLE ENTERPRISE AGREEMENT 2024- 2026

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 8 MAY 2025

Application for approval of the UGL Rail Townsville Enterprise Agreement 2024- 2026

An application has been made for approval of an enterprise agreement known as the UGL Rail Townsville Enterprise Agreement 2024- 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Rail (North Queensland) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved UGL Rail (North Queensland) Pty Ltd, which sought approval for the UGL Rail Townsville Enterprise Agreement 2024-2026. The application was made to the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was whether the proposed enterprise agreement met the legal requirements for approval, including fairness, compliance with relevant laws, and the need for the agreement to be in the best interest of the employees.

The legal issues before the court were whether the proposed agreement was fair and reasonable, whether it complied with all relevant legislative provisions, and whether it was in the best interest of the employees. The court had to determine if the agreement appropriately balanced the rights and obligations of the employer and the employees, and whether it met the criteria for approval under the Fair Work Act.

The court found that the agreement was fair and reasonable, as it contained terms that were not worse off for the employees compared to their previous conditions. The agreement also complied with all relevant legislative provisions, including minimum wage rates and entitlements. Furthermore, the court concluded that the agreement was in the best interest of the employees, as it provided them with improved conditions and benefits. Consequently, the court approved the UGL Rail Townsville Enterprise Agreement 2024-2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established