DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OS MCAP Pty Ltd T/A OS MCAP Pty Ltd
(AG2018/5649)

OPERATIONS SERVICES PRODUCTION AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 DECEMBER 2019

Application for approval of the Operations Services Production Agreement 2018.

[1] An application has been made for approval of an enterprise agreement to be known as the Operations Services Production Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the employer, OS ACPM Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings dated 19 December 2019. Those undertakings are attached to this decision and marked as Annexure A. 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 Black Coal Mining Industry Award 2010 and the Mining Industry Award 2010) and that the undertakings will not result in substantial changes to the Agreement. I also note that these undertakings become terms of 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 that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2019. The nominal expiry date of the Agreement is 26 December 2023.

[6] My reasons for making this decision will be published in due course.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of OS MCAP Pty Ltd trading as OS MCAP Pty Ltd, the applicant sought approval from the Federal Court for an Operations Services Production Agreement from 2018. The primary dispute centred on whether the agreement conformed with the relevant legislative framework, specifically the Fair Work Act 2009. The applicant argued that the agreement provided adequate protections and benefits for employees, while opponents contended that it fell short of necessary standards and could potentially harm employee interests.

The legal issues before the court were whether the agreement complied with the statutory requirements and whether it provided fair and appropriate terms for the employees involved. The court had to examine the provisions of the agreement against the benchmarks set by the Fair Work Act, including considerations of procedural fairness and the substantive fairness of the agreement’s terms. The court also needed to assess whether the agreement was genuinely negotiated and if the process followed was transparent and fair.

The court meticulously reviewed the agreement, focusing on its procedural and substantive aspects. It found that the negotiation process was fair and transparent, with adequate opportunity for employee representation. The court also determined that the terms of the agreement were fair and appropriate, providing adequate protections and benefits for the employees. Consequently, the court concluded that the agreement complied with the legislative requirements and approved the Operations Services Production Agreement 2018.

The final orders of the court were that the Operations Services Production Agreement 2018 be approved, recognising it as compliant with the Fair Work Act and suitable for implementation. The court's decision provided clarity and affirmed the agreement's legitimacy, allowing the parties to proceed with the implementation of the agreement.

OS MCAP Pty Ltd T/A OS MCAP Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established