UGL Operations and Maintenance (Services) Pty Ltd

[2020] FWCA 6776

[2020] FWCA 6776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UGL Operations and Maintenance (Services) Pty Ltd
(AG2020/3561)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 DECEMBER 2020

Application for approval of the UGL Operations and Maintenance (Services) Pty Ltd Hunter Valley Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Pty Ltd Hunter Valley Enterprise Agreement 2020 (‘the Agreement’). The application was made by UGL Operations and Maintenance (Services) Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] I note that clauses 16.3, 15.1 and 14.5(i) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 15 December 2023.

DEPUTY PRESIDENT

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Annexure A