Orrcon Distribution Pty Ltd T/A Orrcon Steel

[2024] FWCA 2356

[2024] FWCA 2356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel

(AG2024/1936)

ORRCON STEEL KEWDALE ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 25 JUNE 2024

Application for approval of the Orrcon Steel Kewdale Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Orrcon Steel Kewdale Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orrcon Distribution Pty Ltd T/A Orrcon Steel (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that Clause 5.1 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) in the Act. Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 25 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525183  PR776376>

Annexure A