Application by UGL Resources (Contracting) Pty Ltd
Citation: [2026] FWCA 1599
What happened
UGL Resources (Contracting) Pty Ltd, trading as UGL Alcoa Portland, applied to the Fair Work Commission for approval of a proposed enterprise agreement. The agreement covers employees at its Alcoa Portland facility. The Commission considered the agreement's terms and whether it passed the bargaining test, which requires the agreement to be genuinely agreed to by the employees.
What was decided
The Fair Work Commission approved the UGL Alcoa Portland Enterprise Agreement 2026. Commissioner Yilmaz C found that the agreement met the requirements of the Fair Work Act 2009. The Commission did not identify any issues preventing approval. The agreement will expire on 2029-06-25.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they meet the bargaining test. This involves demonstrating that the agreement has been genuinely agreed to by employees. Thorough consultation and consideration of employee feedback are crucial for a successful application.
What it means for employees
Employees should be aware of their rights during enterprise bargaining processes. They have the right to be informed and consulted about proposed agreements. The approved agreement will set the terms and conditions of their employment at UGL Alcoa Portland until its expiry date.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →