DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel
(AG2017/5573)

ORRCON STEEL (GILLMAN) ENTERPRISE AGREEMENT 2017

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COMMISSIONER CIRKOVIC	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Orrcon Steel (Gillman) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orrcon Steel (Gillman) Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 8 December 2017 and, in accordance with s.54, will operate from 15 December 2017. The nominal expiry date of the Agreement is 4 November 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved Orrcon Distribution Pty Ltd trading as Orrcon Steel and the Australian Manufacturing Workers’ Union. The dispute centred around the approval of the Orrcon Steel (Gillman) Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms as required by the Act and whether it was free from any illegality or unfairness. Specifically, the Commission needed to assess if the agreement was a genuine enterprise agreement, if it was appropriately certified, and if it complied with the procedural requirements set forth in the legislation.

In examining the application, the Commission considered the evidence provided by the parties and the procedural fairness of the agreement's certification process. The Commission concluded that the agreement was indeed a genuine enterprise agreement that had been appropriately certified and was free from any illegality or unfairness. The Commission found that the parties had adhered to the necessary procedural steps, and the agreement met all the mandatory terms and conditions required by the Act.

Consequently, the Fair Work Commission approved the Orrcon Steel (Gillman) Enterprise Agreement 2017, thereby resolving the dispute in favour of the applicant. The agreement was recognised as valid and enforceable under the Fair Work Act 2009, ensuring that the terms and conditions of employment for the employees covered by the agreement were legally binding.

Orrcon Distribution Pty Ltd T/A Orrcon Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established