UGL Operations and Maintenance Pty Limited T/A UGL

[2023] FWCA 2046

[2023] FWCA 2046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Limited T/A UGL

(AG2023/2096)

UGL DEFENCE FUELS OPERATIONS WA GREENFIELDS AGREEMENT 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 5 JULY 2023

Application for approval of the UGL Defence Fuels Operations WA Greenfields Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the UGL Defence Fuels Operations WA Greenfields Agreement 2023 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by UGL Operations and Maintenance Pty Limited T/A UGL (the Applicant). The agreement is a single enterprise agreement that is a Greenfields Agreement.

1. The matter was allocated to my Chambers on 30 June 2023.

1. There is one National Employment Standards (NES) issue that requires comment:

·   Public holiday: Clause 45.3 states UGL and employees may agree to substitute the nominated public holiday for another day. However, s.115(3) only provides for agreement with a singular employee.

1. Clause 4 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

1. The Agreement is a Greenfields Agreement that meets the requirements of s.172(2)(b) of the Act.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union and the Transport Workers Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

2. I am satisfied that it is in the public interest to approve the Agreement.

1. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

1. Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the Australian Workers’ Union and the Transport Workers Union of Australia and that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 11 July 2027.

COMMISSIONER

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