UGL Rail Services Pty Ltd

[2025] FWCA 1993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Rail Services Pty Ltd

(AG2025/1758)

UGL MARIYUNG MAINTENANCE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 17 JUNE 2025

Application for approval of the UGL Mariyung Maintenance Enterprise Agreement 2025

UGL Rail Services Pty Ltd has applied for approval of an enterprise agreement known as the UGL Mariyung Maintenance Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
Clause 33 of the Agreement entitles employees to unpaid Family and Domestic Violence Leave. It does not reference the entitlement to paid FDV leave provided by section 106A(1) of the Act, which forms part of the National Employment Standards (“NES”). That said, clause 6.3 the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 33 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“ETU”) were bargaining representatives for the Agreement. They support the approval of the Agreement. They have each given notice under section 183 of the Act that they want the Agreement to cover them. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU and the ETU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 24 June 2025. The nominal expiry date of the Agreement is 18 March 2028.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, UGL Rail Services Pty Ltd, sought approval from the Fair Work Commission of the UGL Mariyung Maintenance Enterprise Agreement 2025. The agreement was negotiated with the Rail, Tram and Bus Industry Union (RTBU). The nature of the dispute involved the terms and conditions of employment for maintenance workers under the proposed agreement, including pay rates, hours of work, and other workplace provisions. The case was heard by the Fair Work Commission, an independent statutory body with jurisdiction to make decisions on workplace relations matters.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it met the "better off overall test," ensuring that employees were not worse off under the agreement than they would be under the applicable award. The Commission also needed to assess whether the agreement complied with the procedural fairness requirements of the Act, including adequate consultation with the employees and the union.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission concluded that the proposed terms and conditions were fair and reasonable, providing employees with improved pay and conditions compared to the existing award. The Commission further determined that the agreement passed the better off overall test, as employees would be better off under the agreement than they would be under the award. The Commission also found that the applicant had complied with the procedural fairness requirements, having engaged in appropriate consultation with the union and the employees. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions and complied with all legal requirements.

The Fair Work Commission approved the UGL Mariyung Maintenance Enterprise Agreement 2025, effective from the date of the decision. The applicant, UGL Rail Services Pty Ltd, was authorised to implement the agreement, and the agreement was registered with the Fair Work Commission. The agreement will govern the terms and conditions of employment for maintenance workers employed by the applicant under the agreement until the next agreement is approved or until the agreement is terminated under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established