UGL Engineering Pty Ltd
[2024] FWCA 3531
•10 OCTOBER 2024
| [2024] FWCA 3531 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
UGL Engineering Pty Ltd
(AG2024/3925)
UGL ENGINEERING PTY LTD & AMWU CFMEU ETU HUNTER POWER PROJECT AGREEMENT 2024-2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 10 OCTOBER 2024 |
Application for variation of the UGL Engineering Pty Ltd & AMWU CFMEU ETU Hunter Power Project Agreement 2024-2025
An application has been made under s 218A of the Fair Work Act 2009 (Act) by UGL Engineering Pty Ltd (applicant) to vary the UGL Engineering Pty Ltd & AMWU CFMEU ETU Hunter Power Project Agreement 2024-2025 (the Agreement) in order to correct an obvious error. The Commission has sought the views of the unions that were bargaining representatives for the Agreement, the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The AMWU confirmed to the Commission that it does not oppose the application. The CFMEU and the CEPU have expressed no view.
The variation would amend clause 54(b) of the Agreement which states that in the event of ‘redundancy or dismissal of a permanent Employee, or an Employee terminated for serious misconduct)’, the employee will receive the minimum notice prescribed by the clause. The applicant contends that clause 54(b) wrongly includes employees terminated for serious misconduct, instead of excluding them, which was the intended meaning of the clause. The variation would remove the words ‘or an Employee terminated for serious misconduct’ and add the words ‘with the exception of an Employee terminated for serious misconduct’. I am satisfied that the Agreement contains an obvious error and that it is appropriate to correct it. It is clear that the clause contains a mistake. The intended meaning is clear from clause 54(e). The Agreement is varied in the manner proposed by the applicant. The variation will operate from the date on which the Agreement will commence operation, which is 17 October 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526326 PR780022>
0
0
0