DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel
(AG2019/4131)

ORRCON STEEL BENDIGO ENTERPRISE AGREEMENT 2019

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COMMISSIONER YILMAZ	MELBOURNE, 19 NOVEMBER 2019

Application for approval of the Orrcon Steel Bendigo Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orrcon Steel Bendigo Enterprise Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 26 November 2019. The nominal expiry date of the Agreement is 25 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission (the Commission) was presented with an application for the approval of the Orrcon Steel Bendigo Enterprise Agreement 2019. The applicant, Orrcon Distribution Pty Ltd trading as Orrcon Steel, sought the Commission's approval of the agreement which was negotiated with the Australian Manufacturing Workers Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether it complied with the requirements set by the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement met the good faith bargaining requirement, was in the best interests of the employees, and complied with the statutory minimum standards of pay and conditions. The Commission had to consider the bargaining process, the fairness of the terms and conditions, and whether the agreement provided for the proper resolution of workplace issues.

The Commission found that the bargaining process was conducted in good faith and that the agreement was in the best interests of the employees. The terms and conditions of the agreement were considered fair, taking into account the specific circumstances of the workplace and the industry. The Commission also determined that the agreement complied with the statutory minimum standards of pay and conditions. After reviewing the evidence and submissions from both parties, the Commission approved the agreement.

The Fair Work Commission approved the Orrcon Steel Bendigo Enterprise Agreement 2019, finding it to be a fair and reasonable agreement that met the statutory requirements. The decision was made on the basis that the agreement was negotiated in good faith, was in the best interests of the employees, and complied with the relevant minimum standards. The Commission's approval ensures that the terms and conditions of employment are legally binding and enforceable.

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