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austlii:cth/FWCA/2025/1993
General information, not legal advice.
FWCA
2025-06-17
Original judgment source is linked above.
s.185 - Enterprise agreement
UGL MARIYUNG MAINTENANCE ENTERPRISE AGREEMENT 2025
Application for approval of the UGL Mariyung Maintenance Enterprise Agreement 2025
[1] UGL Rail Services Pty Ltd has applied for approval of an enterprise agreement known as the UGL Mariyung Maintenance Enterprise Agreement 2025 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009 ("Act"). The Agreement is a single enterprise agreement.
[2] Clause 33 of the Agreement entitles employees to unpaid Family and Domestic Violence Leave. It does not reference the entitlement to paid FDV leave provided by section 106A(1) of the Act, which forms part of the National Employment Standards ("NES"). That said, clause 6.3 the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 33 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.
[3] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union", known as the Australian Manufacturing Workers' Union ("AMWU") and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ("ETU") were bargaining representatives for the Agreement. They support the approval of the Agreement. They have each given notice under section 183 of the Act that they want the Agreement to cover them. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU and the ETU.
[5] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 24 June 2025. The nominal expiry date of the Agreement is 18 March 2028.
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