O&M Pty Ltd

[2021] FWCA 470

[2021] FWCA 470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O&M Pty Ltd
(AG2020/3792)

CFMEU O&M MOBILE PLANT AND EARTHWORKS ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 FEBRUARY 2021

Application for approval of the CFMEU O&M Mobile Plant and Earthworks Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the CFMEU O&M Mobile Plant and Earthworks Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by O&M Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 22 January 2021. 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 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

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

[5] The Construction, Forestry, Maritime, Mining and Energy Union, 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.

[6] The Agreement is approved. I note that the Agreement provides that it will operate from the date of approval by the Fair Work Commission. However, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

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Annexure A