UGL Resources (Contracting) Pty Ltd

[2020] FWCA 4962

[2020] FWCA 4962

FAIR WORK COMMISSION

DECISION

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

UGL Resources (Contracting) Pty Ltd
(AG2020/2555)

OM CONTRACTING MAINTENANCE (NSW & ACT) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 17 SEPTEMBER 2020

Application for approval of the OM Contracting Maintenance (NSW & ACT) Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by UGL Resources (Contracting) Pty Ltd (the Applicant) for approval of the OM Contracting Maintenance (NSW & ACT) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] The matter was listed for eHearing on 15 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 3.1.9 – Abandonment of Employment

[4] However, noting clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the matter raised at paragraphs [3] – [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 had been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2020. The nominal expiry date is 17 September 2024.

COMMISSIONER

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