UGL Engineering Pty Limited

[2023] FWCA 875

[2023] FWCA 875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Engineering Pty Limited

(AG2023/614)

UGL ENGINEERING PTY LIMITED KEMERTON LITHIUM HYDROXIDE PROCESSING PLANT - EXPANSION PROJECT GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 MARCH 2023

Application for approval of the UGL Engineering Pty Limited Kemerton Lithium Hydroxide Processing Plant - Expansion Project Greenfields Agreement

1. An application has been made for approval of a greenfields agreement known as the UGL Engineering Pty Limited Kemerton Lithium Hydroxide Processing Plant - Expansion Project Greenfields Agreement (the Agreement). The application was made by UGL Engineering Pty Limited pursuant to s 185 of the Fair Work Act 2009 (the Act).

1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, the Australian Workers’ Union, the Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (collectively, the organisations) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.  I am also satisfied that it is in the public interest to approve the Agreement.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

1. Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 29 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519553  PR760532>

Annexure A