DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel
(AG2018/3706)

ORRCON STEEL MELBOURNE ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Orrcon Steel Melbourne Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Orrcon Steel Melbourne Enterprise Agreement 2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is 15 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orrcon Distribution Pty Ltd, trading as Orrcon Steel, applied to the Fair Work Commission for approval of the Orrcon Steel Melbourne Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers' Union. The primary dispute concerned the terms and conditions of employment, particularly those related to rosters, shift patterns, and employee entitlements under the proposed agreement.

The legal issues the court needed to decide included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the Fair Work Act 2009, and if the agreement was certified as "no disadvantage" to the employees. The court also examined the process followed to reach the agreement and whether it was genuinely bargained.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the agreement did provide for fair and reasonable terms and conditions of employment. The Commission held that the proposed agreement complied with the relevant sections of the Fair Work Act 2009 and was certified as "no disadvantage" to the employees. The Commission noted that the agreement was the result of genuine bargaining, and the process followed was fair and appropriate. Consequently, the Fair Work Commission approved the Orrcon Steel Melbourne Enterprise Agreement 2018.

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