UGM Diesel Services Pty Ltd T/A UGM

[2021] FWCA 2311

[2021] FWCA 2311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UGM Diesel Services Pty Ltd T/A UGM
(AG2021/4725)

UGM DIESEL SERVICES NSW ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 APRIL 2021

Application for approval of the UGM Diesel Services NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Application for approval of the UGM Diesel Services NSW Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGM Diesel Services Pty Ltd T/A UGM (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2021. The nominal expiry date of the Agreement is 5 May 2024.

DEPUTY PRESIDENT

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