UGL Rail Services Pty Limited

[2021] FWCA 2147

[2021] FWCA 2147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGL Rail Services Pty Limited
(AG2021/4498)

UGL NEWCASTLE OPERATIONS ENTERPRISE AGREEMENT 2021 - 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2021

Application for approval of the UGL Newcastle Operations Enterprise Agreement 2021 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the UGL Newcastle Operations Enterprise Agreement 2021 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Rail Services Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and in accordance with s.54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 22 April 2023.

COMMISSIONER

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