Assess Orr Pty Ltd Summary

[2024] FWCA 1336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Assess Orr Pty Ltd

(AG2024/1089)

ASSESS ORR PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 15 APRIL 2024

Application for approval of the Assess Orr Pty Ltd Enterprise Agreement 2024

Assess Orr Pty Ltd has applied for approval of an enterprise agreement known as the Assess Orr Pty Ltd Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 April 2024.

In accordance with Clause 3.2, the nominal expiry date of the Agreement is 15 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Assess Orr Pty Ltd applied for approval of the Assess Orr Pty Ltd Enterprise Agreement 2024. The applicant was an employer, and the respondents were various unions representing the employees. The dispute centred on the provisions of the enterprise agreement, particularly those relating to pay rates, working conditions, and dispute resolution mechanisms. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the statutory requirements for enterprise agreements. Key points of contention were the specific pay rates and the procedures for resolving disputes. The Commission had to ensure that the agreement did not adversely affect employees' rights and did not undermine the protection afforded by the Fair Work Act.

After reviewing the submissions and evidence from both parties, the Commission found that the enterprise agreement was fair and reasonable. The pay rates were considered competitive within the industry, and the dispute resolution mechanisms were deemed effective. The Commission concluded that the agreement did not contravene any provisions of the Fair Work Act and approved it accordingly. The final orders confirmed the approval of the Assess Orr Pty Ltd Enterprise Agreement 2024, effective from the date of the decision.

Assess Orr Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established