UGL Operations & Maintenance Pty Ltd

[2014] FWCA 5382

[2014] FWCA 5382

FAIR WORK COMMISSION

DECISION

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

UGL Operations & Maintenance Pty Ltd
(AG2014/6896)

UGL OPERATIONS & MAINTENANCE PTY LTD BHP BILLITON - OLYMPIC DAM OPERATIONS SERVICES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 AUGUST 2014

Application for approval of the UGL Operations & Maintenance Pty Ltd BHP Billiton - Olympic Dam Operations Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UGL Operations & Maintenance Pty Ltd BHP Billiton - Olympic Dam Operations Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Operations & Maintenance Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“Where an employee covered by this Agreement is a shiftworker as defined at clause 41.3 (a) in the Manufacturing and Associated Industries and Occupations Award 2010, then the Company will provide further annual leave as follows:

Where an employee with 12 months’ continuous service is engaged for part of the 12 month period as a seven day shiftworker, that employee will have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2014. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

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