Orrcon Distribution Pty Ltd T/A Orrcon Steel

[2020] FWCA 5567

[2020] FWCA 5567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel
(AG2020/2843)

ORRCON STEEL NORTHGATE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 20 OCTOBER 2020

Application for approval of the Orrcon Steel Northgate Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Orrcon Distribution Pty Ltd T/A Orrcon Steel (the Applicant) for approval of the Orrcon Steel Northgate Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 8 October 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 12 October 2020. The employee bargaining representatives were provided with copies of the proposed undertakings.

[3] The matter was listed for eHearing at 4:00 pm on 15 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.6.2 – Overpayments;

•  Clause 6.1.6 – Annual Leave;

● Clause 6.2.7 – Personal/Carer’s Leave; and

● Clause 6.9 – Community Service Leave.

[5] However, noting the undertakings provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[7] Subject to the matters raised at paragraphs [4] - [6], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2020. The nominal expiry date is 19 October 2023.

COMMISSIONER

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Attachment A.