OS ACPM Pty Ltd T/A OS ACPM Pty Ltd
Case
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[2019] FWCA 8595
•19 DECEMBER 2019
Details
AGLC
Case
Decision Date
OS ACPM Pty Ltd T/A OS ACPM Pty Ltd [2019] FWCA 8595
[2019] FWCA 8595
19 DECEMBER 2019
CaseChat Overview and Summary
OS ACPM Pty Ltd sought approval for the Operations Services Maintenance Agreement 2018 (the Agreement) from the Fair Work Commission. The dispute arose from the applicant's request for an authorisation to allow the Agreement to be made an approved agreement under the Fair Work Act 2009. The Agreement was intended to govern the terms and conditions of employment for certain employees of the applicant.
The legal issues before the Commission were whether the Agreement was made in good faith, whether it provided for genuine bargaining between the parties, and whether it was an appropriate agreement for approval under the Fair Work Act. The Commission also had to consider whether the Agreement met the criteria for an approved agreement, including whether it provided for the fair treatment of employees and whether it was in the public interest.
The Commission found that the Agreement was made in good faith and provided for genuine bargaining between the parties. It concluded that the Agreement was an appropriate agreement for approval under the Fair Work Act. The Commission found that the Agreement provided for the fair treatment of employees and was in the public interest. The Commission approved the Agreement, subject to certain conditions.
The final orders of the Commission were that the Operations Services Maintenance Agreement 2018 be approved as an approved agreement under the Fair Work Act, subject to the conditions set out in the decision. The applicant was also required to take certain steps to ensure that the Agreement was properly implemented and to provide information to the Commission on the implementation of the Agreement.
The legal issues before the Commission were whether the Agreement was made in good faith, whether it provided for genuine bargaining between the parties, and whether it was an appropriate agreement for approval under the Fair Work Act. The Commission also had to consider whether the Agreement met the criteria for an approved agreement, including whether it provided for the fair treatment of employees and whether it was in the public interest.
The Commission found that the Agreement was made in good faith and provided for genuine bargaining between the parties. It concluded that the Agreement was an appropriate agreement for approval under the Fair Work Act. The Commission found that the Agreement provided for the fair treatment of employees and was in the public interest. The Commission approved the Agreement, subject to certain conditions.
The final orders of the Commission were that the Operations Services Maintenance Agreement 2018 be approved as an approved agreement under the Fair Work Act, subject to the conditions set out in the decision. The applicant was also required to take certain steps to ensure that the Agreement was properly implemented and to provide information to the Commission on the implementation of the Agreement.
Details
Key Legal Topics
Areas of Law
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Contract Law
Legal Concepts
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Contract Formation
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Implied Terms
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Unconscionable Conduct
Actions
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Most Recent Citation
Construction, Forestry, Maritime, Mining and Energy Union v Os McAp Pty Ltd T/A Operations Services [2021] FWC 6706
Cases Citing This Decision
12
Cases Cited
0
Statutory Material Cited
0