UGL Engineering Pty Ltd

[2019] FWCA 6838

[2019] FWCA 6838

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

UGL Engineering Pty Ltd

(AG2019/3232)

UGL Engineering Pty Ltd Northern Territory Power Systems Enterprise Agreement 2019

Building, metal and civil construction industries
Commissioner Booth	BRISBANE, 4 OCTOBER 2019

Application for approval of the UGL Engineering Pty Ltd Northern Territory Power Systems Enterprise Agreement 2019.

1. An application has been made under s.185 of the Fair Work Act 2009 (the Act) by UGL Engineering Pty Ltd (the Applicant) for approval of the UGL Engineering Pty Ltd Northern Territory Power Systems Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

1. Correspondence was sent to the Applicant and the bargaining representatives on 19 September 2019, raising a number of concerns in relation to the Agreement.

1. The Applicant provided submissions and undertakings addressing the concerns raised, on 24 September 2019.

1. The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 6.1.1 – definition of a child;

·   Clause 6.1.2 – parental leave;

·   Clause 6.1.3 – maternity leave;

·   Clause 6.1.6 – notice requirements for maternity leave, paternity leave, and adoption leave;

·   Clause 6.2 – public holidays;

·   Clause 6.6 – personal/carers leave; and

·   Clause 6.10 – annual leave.

1. However, noting the NES precedence clause inserted at point 3 of the undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. It is also noted that the consultation term at clause 1.5.1 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Subject to the undertakings provided and the matters raised at paragraphs [5]-[7], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the CEPU.

1. The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 19 June 2022.

COMMISSIONER

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Attachment A