UEA Pty Ltd T/A UEA Pty Ltd

[2020] FWCA 2547

[2020] FWCA 2547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UEA Pty Ltd T/A UEA Pty Ltd
(AG2020/461)

UEA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 MAY 2020

Application for approval of the UEA Enterprise Agreement 2020.

[1] UEA Pty Ltd (the Applicant/the Employer) has applied for approval of an enterprise agreement known as the UEA Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] Mr Nick Liddle is an employee covered by the Agreement, and an employee bargaining representative. Pursuant to s.190(4) of the Act, the undertakings were provided to Mr Liddle on 14 May 2020. On the same day, Mr Liddle informed the Commission that he was satisfied with the undertakings of the Employer.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I observe that Clause 7.2.2 – Personal/Carers Leave is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I have taken into consideration the material filed in the Commission. 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2020. The nominal expiry date of the Agreement is 15 May 2024.

COMMISSIONER

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Annexure A.