UGL Operations and Maintenance (Services) Pty Ltd

[2020] FWCA 4282

[2020] FWCA 4282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Operations and Maintenance (Services) Pty Ltd
(AG2020/1894)

UGL MUJA POWER SERVICES SITE GREENFIELDS AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 AUGUST 2020

Application for approval of the UGL Muja Power Services Site Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the UGL Muja Power Services Site Greenfields Agreement 2020 (the Agreement). The application was made by UGL Operations and Maintenance (Services) Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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 work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The Applicant sought amendments to the Agreement, pursuant to s 586 of the Act. The Agreement contained a typographical error at cl 6(ii), which read ‘the arrangement meets the genuine needs of the Company and Employee in relation to one or more of the matters in 6.1(i) below’. The amendment sought is granted and cl 6(ii) is to read ‘the arrangement meets the genuine needs of the Company and Employee in relation to one or more of the matters in 6(i)’.

[5] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 August 2020. The nominal expiry date of the Agreement is 14 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508736  PR721830>

Annexure A