Similarly, it up allowed the majority of the appeal on the ground that THE NS had not explained the conditions and consequences, in particular as regards the fixing of the wages of the new rosters under the agreements. The entire Board of Trade and Industry has indicated that it is inclined to prohibit company agreements for BHP`s two Operations Services subsidiaries, following the union`s complaint in December against the approval of these agreements by Commission Vice-President Gerard Boyce. OS argued that leave to appeal should be denied for a variety of reasons, some of which included the unions` claims that the agreements were contrary to the NES, misunderstood that there was no explanation of the terms of the agreements, because it could not explain each of the durations of the agreements, and the acceptance of ep commitments on damages to procedural defects with the judicial authority. n is compatible. “We are delighted that Fair Work accepted our arguments and found that these agreements were not legally valid.” BHP Billiton`s highly controversial Operations Services (OS) agreements will be re-evaluated by the Fair Work Commission (FWC) after a Full Bench overturned Vice President Gerard Boyce`s licensing decisions in December 2019. A company agreement for Operations Services` “maintenance workers” was approved in October 2018 by nine of the 16 employees, while 37 of the 58 employees covered by Operations Services` “production agreement” in September 2018 voted for approval. “If the union had not intervened in these cases, the Fair Work Commission would have authorized agreements that are not in accordance with the law and that have restricted the fundamental rights of workers,” said Dave Noonan, National Construction Secretary of the CFMMEU. He also drew attention to a decision by another commissioner with a background in employers` organisations, who approved a company deal in August, although the Commission`s internal models indicated that some workers would be worse off. The CFMMEU was forced to launch another legal challenge against unilateral changes to the rolling cycle introduced by BHP Coal at the Saraji mine in the Bowen Basin coalfields in Queensland. The union argues that by exchanging the existing rolling system without consultation, the company is in line with the 2018 company agreement. Over the last three full calendar years (2017-2019), the 716 extraordinary FWC Full Bench calls – virtually one for every business day – with many issues related to the approval of company agreements (see AMMA`s additional analysis here).
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