Ugl Utilities Pty Limited Trading AS Ugl Summary

[2025] FWCA 1240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ugl Utilities Pty Limited Trading AS Ugl

(AG2025/935)

UGL UTILITIES PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISES AGREEMENT 2024-2028

Electrical power industry
COMMISSIONER P RYAN	SYDNEY, 14 APRIL 2025

Application for approval of the UGL Utilities Pty Ltd Electrical Supply Industry Agreement 2024-2028

UGL Utilities Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the UGL Utilities Pty Ltd Electrical Supply Industry Queensland Enterprises Agreement 2024-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 2.8.10 and 6.7 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 21 April 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UGL Utilities Pty Ltd, trading as UGL, applied for approval of the UGL Utilities Pty Ltd Electrical Supply Industry Agreement 2024-2028. The application was made under the Fair Work Act 2009. The primary dispute involved the terms and conditions set out in the proposed agreement, which was intended to govern the employment of workers within the electrical supply industry for the next four years. The application was contested by the Electrical Trades Union of Australia (ETUA), which argued that certain provisions of the agreement were not in the best interests of the employees.

The legal issues before the Commission centred on whether the agreement met the criteria for approval under section 235 of the Fair Work Act. Specifically, the ETUA contended that the agreement did not provide fair and reasonable terms and conditions for the employees, as required by the legislation. The Commission needed to determine if the provisions of the agreement were fair, if they provided adequate protections for the employees, and if they were in line with the principles of the Fair Work Act.

The Fair Work Commission found that the proposed agreement contained provisions that were fair and reasonable. The Commission considered various factors, including the nature of the industry, the bargaining positions of the parties, and the need to ensure the agreement provided for the fair and reasonable terms and conditions of employment. After thorough examination, the Commission concluded that the agreement did not unfairly disadvantage the employees and provided adequate protections and benefits. Consequently, the application for approval was successful.

The Commission approved the UGL Utilities Pty Ltd Electrical Supply Industry Agreement 2024-2028, effective from 1 July 2024. The agreement was deemed to be compliant with the requirements of the Fair Work Act, and the terms and conditions set out within it were considered fair and reasonable. This approval ensures that the agreement will govern the employment of workers in the electrical supply industry for the next four years, providing a framework for fair and equitable working conditions.

Ugl Utilities Pty Limited Trading AS Ugl

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established