UGL Kaefer JV

[2013] FWCA 6361

[2013] FWCA 6361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Kaefer JV
(AG2013/2537)

UGL KAEFER JV AND AMWU ONSHORE MECHANICAL MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 2 SEPTEMBER 2013

Agreement approved Application for approval of the UGL Kaefer JV and AMWU Onshore Mechanical Maintenance Services Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the UGL Kaefer JV and AMWU Onshore Mechanical Maintenance Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Kaefer JV (the Applicant).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 26 August 2013.

[3] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Commission notes that attached to the Agreement is a Memorandum of Understanding (MoU) relating to contractors and subcontractors engaged on Esso sites by the Applicant. The MoU is a document the parties have agreed will be complied with in dealing with the issue of contractors on subcontractors on Esso sites. A copy of the MoU is annexed to this decision.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 30 April 2015.

ANNEXURE A

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