UGL Operations and Maintenance Pty Limited
[2022] FWCA 3595
•14 OCTOBER 2022
| [2022] FWCA 3595 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
UGL Operations and Maintenance Pty Limited
(AG2022/4134)
UGL Services and CEPU Communications Enterprise Agreement 2022
| Electrical contracting industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 14 OCTOBER 2022 |
Application for approval of the UGL Services and CEPU Communications Enterprise Agreement 2022
An application has been made for approval of a greenfields enterprise agreement to be known as the UGL Services and CEPU Communications Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGL Operations and Maintenance Pty Limited (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 13 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is a relevant employee organisation that the Agreement is expressed to cover. The CEPU has signed the Agreement. I note that the Agreement covers this organisation.
Model 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.
Conclusion
Subject to the undertakings referred to above, 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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2022. The nominal expiry date of the Agreement is 21 October 2025.
DEPUTY PRESIDENT
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Annexure A
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