DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UGL Utilities Pty Ltd
(AG2020/3518)

UGL QUEENSLAND ELECTRICAL SUPPLY INDUSTRY ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 2 DECEMBER 2020

Application for approval of the UGL Queensland Electrical Supply Industry Enterprise Agreement 2018-2021.

[1] An application has been made for the approval of an enterprise agreement known as the UGL Queensland Electrical Supply Industry Enterprise Agreement 2018 – 2021 (‘the Agreement’). The application was made by UGL Utilities Pty Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UGL Utilities Pty Ltd recently came before the Fair Work Commission in a matter concerning the approval of the UGL Queensland Electrical Supply Industry Enterprise Agreement 2018-2021. The application was brought forward by the employer, UGL Utilities Pty Ltd, seeking the Commission's endorsement of the proposed agreement, which outlines the terms and conditions of employment for a specified group of employees within the electrical supply industry in Queensland. The nature of the dispute was centred on the fairness and compliance of the proposed agreement with the relevant industrial legislation.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "better off overall or at least no worse off" (BOOT) and if it adhered to the procedural fairness standards. The Commission also needed to consider whether the agreement was made in good faith and whether it included appropriate mechanisms for dispute resolution.

In its decision, the Commission examined the evidence provided by both parties and assessed the proposed terms against the legislative framework. The Commission found that the agreement was made in good faith and that the parties had engaged in genuine bargaining. It was determined that the proposed agreement met the BOOT test and that the employees would be at least no worse off under the new terms. The Commission further concluded that the agreement contained appropriate dispute resolution mechanisms and was procedurally fair. Therefore, the Commission approved the UGL Queensland Electrical Supply Industry Enterprise Agreement 2018-2021, affirming its compliance with the relevant industrial laws.

The Fair Work Commission's final orders included the approval of the UGL Queensland Electrical Supply Industry Enterprise Agreement 2018-2021, effective from the date of the decision. The agreement is to be registered with the Commission and will govern the employment conditions of the specified employees within UGL Utilities Pty Ltd in Queensland for the period specified in the agreement.

UGL Utilities Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established