Orikan Australia Pty Ltd

[2023] FWCA 2098

[2023] FWCA 2098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orikan Australia Pty Ltd

(AG2023/2047)

ORIKAN AUSTRALIA LOCAL GOVERNMENT SUPPORT SERVICES BANDS 1-4 EMPLOYEE AGREEMENT 2023 TO 2026

Clerical industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 7 JULY 2023

Application for approval of the Orikan Australia Local Government Support Services Bands 1-4 Employee Agreement 2023 to 2026

1. An application has been made for approval of an enterprise agreement known as the Orikan Australia Local Government Support Services Bands 1-4 Employee Agreement 2023 to 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Orikan Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. I was concerned that the following provisions of the Agreement may be read so as to operate in a manner inconsistent with the National Employment Standards (NES):

·clause 29.3(d) setting out circumstances where an employer may deduct from money due to the employee under the NES upon termination, and

·clause 13.5 setting out circumstances where a casual employee may be entitled to elect to have their employment converted.

1. In response the Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Municipal, Administrative, Clerical and Services Union Victorian Private Sector Branch being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement was approved on 7 July 2023 and, in accordance with s.54, will operate from 13 July 2023. The nominal expiry date at clause 2.1 of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520690  PR764046>

Annexure A