Orrcon Distribution Pty Ltd T/A Orrcon Steel

Case [2023] FWCA 2504


[2023] FWCA 2504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel

(AG2023/2143)

ORRCON STEEL MARSDEN PARK ENTERPRISE AGREEMENT 2023-2027

Storage services

DEPUTY PRESIDENT EASTON

SYDNEY, 10 AUGUST 2023

Application for approval of the Orrcon Steel Marsden Park Enterprise Agreement 2023-2027.

  1. Orrcon Distribution Pty Ltd T/A Orrcon Steel (the Employer) has made an application for the approval of the Orrcon Steel Marsden Park Enterprise Agreement 2023-2027 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

  1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

  1. The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 10 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521071 PR765082>

Annexure A

Details
AGLC
Orrcon Distribution Pty Ltd T/A Orrcon Steel [2023] FWCA 2504
Case
[2023] FWCA 2504
Decision Date

CaseChat Overview and Summary

The case involves Orrcon Distribution Pty Ltd, trading as Orrcon Steel, which applied for approval of the Orrcon Steel Marsden Park Enterprise Agreement 2023-2027. The application was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act, including whether it provided for fair and appropriate terms and conditions. A secondary issue was whether the agreement included adequate provisions for dispute resolution and the protection of employees' rights.

The Commission found that the agreement met the requirements of the Fair Work Act. It concluded that the agreement provided for fair and appropriate terms and conditions, including provisions for dispute resolution and employee protections. The Commission also found that the agreement had been negotiated in good faith and was not contrary to public policy. Therefore, the application for approval was granted.

The Fair Work Commission approved the Orrcon Steel Marsden Park Enterprise Agreement 2023-2027, effective from 1 April 2023. The agreement will govern the employment conditions of employees covered by the agreement for the next four years. The Commission's decision provides clarity for both the employer and employees regarding the terms and conditions of employment during this period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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