OSM Australia Pty Ltd T/A OSM Australia

[2023] FWCA 2966

[2023] FWCA 2966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OSM Australia Pty Ltd T/A OSM Australia

(AG2023/3030)

OSM DECOMMISSIONING CATERING ENTERPRISE AGREEMENT 2023

Hospitality industry
COMMISSIONER LIM	PERTH, 19 SEPTEMBER 2023

Application for approval of the OSM Decommissioning Catering Enterprise Agreement 2023

1. An application has been made for approval of a greenfields agreement known as the OSM Decommissioning Catering Enterprise Agreement 2023 (the Agreement). The application was made by OSM Australia Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act.  I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. 

1. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers Union (the Organisation) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.  I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the Organisation and that the Agreement covers it.

1. Pursuant to s 201(2A) of the Act I note the Agreement covers the Australian Workers Union.

1. The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. I note that Clause 13.1 and Clause 12 are potentially inconsistent with the National Employment Standards (NES).  Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 September 2023.  The nominal expiry date of the Agreement is 22 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521501  PR766222>

ANNEXURE A