DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel
(AG2018/1697)

ORRCON STEEL (KEWDALE) ENTERPRISE AGREEMENT 2018

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COMMISSIONER MCKINNON	MELBOURNE, 29 JUNE 2018

Application for approval of the Orrcon Steel (Kewdale) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Orrcon Steel (Kewdale) 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] 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.

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 5 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Orrcon Distribution Pty Ltd, trading as Orrcon Steel, applied for the approval of the Orrcon Steel (Kewdale) Enterprise Agreement 2018. The application arose from negotiations between the company and the Australian Manufacturing Workers’ Union, which represents certain employees of Orrcon Steel. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement contained all the necessary terms, was free from any prohibited content, and complied with the procedural requirements set forth in the legislation.

The central legal issues before the Commission involved the assessment of the agreement's compliance with the Fair Work Act, specifically regarding the procedural fairness of the bargaining process and the substantive terms of the agreement. The Commission had to ensure that the agreement was not only procedurally sound but also substantively fair to both parties. This involved a detailed examination of the agreement's provisions, including wages, working conditions, and other employment-related matters, to determine if they met the legislative standards for approval.

The Commission found that the enterprise agreement was procedurally sound, as it was the product of genuine and meaningful negotiations between the parties. The agreement was also deemed to be substantively fair, with its terms being considered reasonable and appropriate in the context of the industry and the specific circumstances of the employees. The Commission approved the agreement, noting that it provided a balanced and fair outcome for both the employer and the employees. The decision was based on the comprehensive evidence presented, which demonstrated that the agreement complied with all statutory requirements and was in the best interest of the employees.

The Fair Work Commission approved the Orrcon Steel (Kewdale) Enterprise Agreement 2018, confirming that it met all the necessary legal standards and was fair and reasonable for both parties involved. This decision provided clarity and certainty for the employer and employees, ensuring that the agreement would govern their industrial relations moving forward.

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