Ultra Building Works Pty Ltd Summary

[2022] FWCA 3571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ultra Building Works Pty Ltd

(AG2022/4095)

Ultra Building Works Pty Ltd Enterprise Agreement 2022 - 2026

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 14 OCTOBER 2022

Application for approval of the Ultra Building Works Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Ultra Building Works Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ultra Building Works Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the provided undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 14 October 2022 and, in accordance with s.54, will operate from 21 October 2022. The nominal expiry date of the Agreement is 14 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ultra Building Works Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union were involved in a dispute over the approval of the Ultra Building Works Pty Ltd Enterprise Agreement 2022-2026. The union sought approval of the agreement, which had been negotiated between the parties, while Ultra Building Works Pty Ltd contested certain aspects of the agreement, particularly those relating to wage rates and conditions.

The primary legal issues that the Commission had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and whether the agreement was in the best interests of the employees covered by it. The Commission also had to consider whether any provisions of the agreement were contrary to public policy or contravened any other law.

In reaching its decision, the Commission examined the negotiation process, the contents of the agreement, and the evidence provided by both parties. The Commission found that the agreement was made in good faith and that it complied with the statutory requirements. The Commission also considered the views of the employees and found that the agreement was in their best interests. The Commission approved the agreement, subject to certain modifications to address the concerns raised by Ultra Building Works Pty Ltd.

The final orders included the approval of the Ultra Building Works Pty Ltd Enterprise Agreement 2022-2026, with modifications to certain provisions relating to wage rates and conditions. The modifications were designed to address the concerns of Ultra Building Works Pty Ltd while ensuring that the agreement remained in the best interests of the employees. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision.

Ultra Building Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established