Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Operations and Maintenance Pty Limited

[2020] FWC 4505

[2020] FWC 4505

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
UGL Operations and Maintenance Pty Limited
(C2020/5727)

COMMISSIONER BISSETT MELBOURNE, 26 AUGUST 2020

[1] The CEPU has made an application to the Commission to deal with a dispute pursuant to the dispute settling procedure of the UGL Offshore Enterprise Agreement 2015 in relation to the payment of the dual trades allowance and its treatment as an all purpose allowance. In particular was a letter issued by UGL to some employees advising of a payroll error in relation to the application of the casual loading to the allowance.

[2] Whilst the issue of whether the electrical allowance was an all purpose allowance was raised in the letter to employees this is no longer at issue in relation to the current agreement.

[3] The application was subject to conciliation before the Commission on Friday 21 August 2020.

[4] Without any admission as to how the dual trades allowance should be treated, and acknowledging that bargaining is currently underway for a replacement agreement, the parties have agreed that the future payment and treatment of the dual trades allowance will be dealt with through the bargaining process.

[5] In the interim and pending the finalisation of a replacement agreement in a timely manner (that is, consistent with good faith bargaining) UGL will not make any changes as to the how the allowance has been treated.

[6] It is open to either party to seek the assistance of the Commission with bargaining if this is of assistance.

COMMISSIONER

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