UGL Solutions Pty Ltd

[2022] FWCA 2525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Solutions Pty Ltd

(AG2022/2342)

UGL Maintenance Qld Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 27 JULY 2022

Application for approval of the UGL Maintenance Qld Enterprise Agreement 2022 (Agreement)

An application has been made for approval of an enterprise agreement known as the UGL Maintenance Qld Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by UGL Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), 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 ETU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2022. The nominal expiry date of the Agreement is 27 July 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Solutions Pty Ltd applied to the Fair Work Commission for the approval of the UGL Maintenance Qld Enterprise Agreement 2022. The application was opposed by a union, the Electrical Trades Union of Australia. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, particularly those affecting employee entitlements, working conditions, and the dispute resolution processes.

The Commission was required to determine whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved examining if the agreement provided for a safety net of minimum entitlements, contained appropriate dispute resolution mechanisms, and was made in good faith. The Commission also had to assess if the agreement facilitated the efficient operation of the workplace.

The Fair Work Commission approved the Agreement, finding that it provided for a safety net of minimum entitlements and contained appropriate dispute resolution mechanisms. The Commission determined that the agreement had been made in good faith and would facilitate the efficient operation of the workplace. The opposition by the Electrical Trades Union of Australia was not sufficient to warrant rejection of the Agreement. The Commission's decision was based on the overall benefits the agreement would bring to the employees and the efficient running of the enterprise.

The final orders included the approval of the UGL Maintenance Qld Enterprise Agreement 2022, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and the provisions would apply to the employees covered by the agreement. The Commission's decision was final and binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established