UGL Utilities Pty Limited

[2022] FWCA 2264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Utilities Pty Limited

(AG2022/2147)

UGL Queensland Electrical Supply Industry Enterprise Agreement 2021-2024

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 7 JULY 2022

Application for approval of the UGL Queensland Electrical Supply Industry Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the UGL Queensland Electrical Supply Industry Enterprise Agreement - 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Utilities (the Applicant). The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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 14 July 2022. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Utilities Pty Limited applied to the Fair Work Commission for approval of the UGL Queensland Electrical Supply Industry Enterprise Agreement 2021-2024. The applicant sought approval under section 233 of the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act, including whether it was free from provisions that would have an adverse effect on employees.

The court was required to determine if the agreement satisfied the prerequisites for approval, including whether it provided for minimum wages and conditions, whether it was made in good faith, and whether it did not have any adverse effects on employees. A key issue was the interpretation of certain clauses within the agreement and their potential impact on employee rights and protections.

The court found that the agreement was free from any adverse effect on employees and was made in good faith. It met all the legal requirements for approval, including providing for the minimum wages and conditions. The court approved the agreement under section 233 of the Fair Work Act. The decision was based on the comprehensive analysis of the agreement's provisions and their alignment with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established