DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OS ACPM Pty Ltd T/A OS ACPM Pty Ltd
(AG2018/6025)

OPERATIONS SERVICES MAINTENANCE AGREEMENT 2018

Application for approval of the Operations Services Maintenance Agreement 2018.

[1] An application has been made for approval of an enterprise agreement to be known as the Operations Services Maintenance 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

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Annexure A