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austlii:cth/FWCA/2026/851
General information, not legal advice.
FWCA
2026-04-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the UGL Maintenance Qld Enterprise Agreement 2025
[1] UGL Solutions Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as UGL Maintenance Qld Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] The Agreement does not contain a delegates' rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, each of clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020, and clause 26A Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
[3] Noting clause 1.6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.
[5] With the undertakings now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.
[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the CEPU.
[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 2 April 2029.
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