UGL Operations & Maintenance Pty Ltd

[2023] FWCA 2361

[2023] FWCA 2361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations & Maintenance Pty Ltd

(AG2023/2409)

UGL OPERATIONS & MAINTENANCE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 28 JULY 2023

Application for approval of the UGL Operations & Maintenance PTY LTD & ETU Powerline Enterprise Agreement 2020-2023

1. An application has been made for approval of a greenfields agreement known as the UGL Operations & Maintenance PTY LTD & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement). The application was made by UGL Operations & Maintenance Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of section 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is 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.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.201(2A) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2023. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520935  PR764711>

Annexure A