Orrcon Distribution Pty Ltd T/A Orrcon Steel

[2018] FWCA 2254

[2018] FWCA 2254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orrcon Distribution Pty Ltd T/A Orrcon Steel
(AG2017/5788)

ORRCON STEEL NORTHGATE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 APRIL 2018

Application for approval of the Orrcon Steel Northgate Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orrcon Steel Northgate Agreement 2017 (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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 20 April 2018 and, in accordance with s.54, will operate from 27 April 2018. The nominal expiry date of the Agreement is 8 September 2020.

DEPUTY PRESIDENT

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Annexure A