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austlii:cth/FWCA/2024/2054
procedural. The Agreement was approved and will operate from 11 June 2024 with a nominal expiry date of 31 October 2025. The undertakings dated 27 May 2024 were accepted and become terms of the Agreement. The...
The Fair Work Commission approved an enterprise agreement for UGL Solutions Pty Ltd covering work on the Sydney Metro Stage 2 project. The employer had to provide written undertakings to ensure workers would not be financially worse off compared to relevant industry awards. The Australian Manufacturing Workers' Union was included as a covered organisation. The agreement will run from 11 June 2024 until 31 October 2025, with the National Employment Standards applying where they provide better conditions than the agreement.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
UGL SYDNEY METRO STAGE 2 ENTERPRISE AGREEMENT 2024 - 2025
Application for approval of the UGL Sydney Metro Stage 2 Enterprise Agreement 2024 - 2025
[1] An application has been made for approval of an enterprise agreement to be known as the UGL Sydney Metro Stage 2 Enterprise Agreement 2024 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ugl Solutions Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings dated 27 May 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020 and the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 11 June 2024. The nominal expiry date of the Agreement is 31 October 2025
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 11 June 2024 with a nominal expiry date of 31 October 2025. The undertakings dated 27 May 2024 were accepted and become terms of the Agreement. The AMWU is covered by the Agreement.