UGL Engineering Pty Ltd
[2013] FWCA 1116
•1 MARCH 2013
[2013] FWCA 1116 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
UGL Engineering Pty Ltd
(AG2013/304)
UGL ENGINEERING PTY LTD SYNERGY ALLIANCE AGREEMENT 2013
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 1 MARCH 2013 |
Application for approval of the UGL Engineering Pty Ltd Synergy Alliance Agreement 2013.
[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 February 2013 by UGL Engineering Pty Ltd for the approval of a single-enterprise agreement known as the UGL Engineering Pty Ltd Synergy Alliance Agreement 2013 (“the Agreement”).
[2] On 26 February 2013, the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.
[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[4] The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. Similarly, the Agreement does not contain a consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act.
SENIOR DEPUTY PRESIDENT
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