UGL Operations & Maintenance (Services) Pty Ltd

Case

[2023] FWCA 1105

17 APRIL 2023


[2023] FWCA 1105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations & Maintenance (Services) Pty Ltd

(AG2023/924)

UGL OPERATIONS AND MAINTENANCE (SERVICES) PTY LIMITED CFMEU AND AMWU YALLOURN POWER STATION AND OPEN CUT MINE 2023

Manufacturing and associated industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 17 APRIL 2023

Application for approval of the UGL Operations and Maintenance (Services) Pty Limited CFMEU and AMWU Yallourn Power Station and Open Cut Mine 2023

  1. UGL Operations & Maintenance (Services) Pty Ltd has made an application for approval of an enterprise agreement known as the UGL Operations and Maintenance (Services) Pty Limited CFMEU and AMWU Yallourn Power Station and Open Cut Mine 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

  1. 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) 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.

  1. I note that the Agreement was made with the AMWU and the CFMEU and therefore covers these organisations (see s 53(2)(b)).

  1. The Agreement was approved on 17 April 2023 and, in accordance with s 54, will operate from 24 April 2023. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE519763  PR761141>

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