UAM Pty Ltd T/A UAM
[2022] FWCA 1487
•4 MAY 2022
| [2022] FWCA 1487 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
UAM Pty Ltd T/A UAM
(AG2022/1159)
UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024
| Electrical contracting industry | |
| DEPUTY PRESIDENT MOLTONI | BRISBANE, 4 MAY 2022 |
Application for approval of the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024
An application has been made for approval of an enterprise agreement known as the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UAM Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 30 March 2022 in accordance with s.185(3) of the Act. As it was not filed until 14 April 2022, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU-ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU-ETU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2024.
DEPUTY PRESIDENT
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