UGL Operations and Maintenance (Services) Pty Ltd

[2020] FWCA 2236

[2020] FWCA 2236

FAIR WORK COMMISSION

DECISION

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

UGL Operations and Maintenance (Services) Pty Ltd
(AG2020/931)

UGL QCLNG ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 30 APRIL 2020

Application for approval of the UGL QCLNG Enterprise Agreement 2020.

[1] UGL Operations and Maintenance (Services) Pty Ltd (The Employer) has applied for approval of an enterprise agreement known as the UGL QCLNG Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] The Commission raised certain concerns regarding the Agreement with the Employer, and as a result, written undertakings were provided by the Employer. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Workers’ Union (the AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the AMWU) regarding the undertakings provided by the Employer.

[3] 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 AWU, the CEPU and the AMWU 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.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee that will be covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement. The model flexibility term and the model consultation term set out in the Fair Work Regulations 2009 are also taken to be terms of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU, the CEPU and the AMWU and that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507921  PR718673>

Annexure A: