UGL Operations and Maintenance Pty Ltd

[2023] FWCA 2087

[2023] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd

(AG2023/1977)

UGL SOUTH AUSTRALIAN OPERATIONS SERVICES ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 12 JULY 2023

Application for approval of the UGL South Australian Operations Services Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the UGL South Australian Operations Services Enterprise Agreement 2022[1] (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by UGL Operations and Maintenance Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 28 June 2023.

1. On 3 July 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement including the undertaking provided by the Applicant prior to the conference.

1. The Applicant has submitted an undertaking in the required form dated 30 June 2023. The undertaking deals with the following topics:

·  Clause 20.5 will not apply to the Agreement.

·  The last sentence of clause 35.2(b) will not apply to the Agreement.

·  Clause 11.2(iii) to be read as:

“in the event suitable alternative employment is obtained, or if an Employee voluntarily terminates the employment contract, provided application is made to the FWC and the application is granted by the FWC;”

·  Clause 22.1 to be read as:

“Employees are entitled to take up to two days (15.2) compassionate leave when a member of their Immediate Family or household (as defined in clause 20.8) contracts or develops a personal injury or illness that poses a serious threat to their; or dies. and otherwise in accordance with the provisions of the NES.”

·  UGL will not engage any employees (full time, part time or casual) as training operators or basic operators as outlined in Appendix A – Wage Rates for the life of this Agreement.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 18 July 2026.

COMMISSIONER

[1] The Agreement will be known as ‘UGL South Australian Operations Services Enterprise Agreement 2022’ in accordance with clause 1.1, despite the year being inconsistent with the application.

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