OS ACPM Pty Ltd T/A OS ACPM Pty Ltd

Case

[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.
Details

Areas of Law

  • Contract Law

Legal Concepts

  • Contract Formation

  • Implied Terms

  • Unconscionable Conduct