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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The dispute before the Fair Work Commission involved Orrcon Distribution Pty Ltd trading as Orrcon Steel and its employees. The matter concerned the approval of the Orrcon Steel Northgate Agreement 2017, which sought to establish terms and conditions of employment for the employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided a safety net of minimum entitlements, was made in good faith, and was appropriately certified. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it failed to provide adequate protections and did not meet the standards of good faith bargaining and appropriate certification. The Commission had to assess these arguments to determine if the agreement could be approved.

The Fair Work Commission examined the content of the agreement against the statutory criteria. It found that the agreement did provide a safety net of minimum entitlements and was made in good faith. The Commission also determined that the certification process was appropriate, despite some minor procedural irregularities. Consequently, the Commission concluded that the agreement met the necessary requirements and approved it, recognising that while there were some areas for improvement, the overall balance of the agreement was fair and reasonable.

The Fair Work Commission approved the Orrcon Steel Northgate Agreement 2017, subject to certain conditions. The agreement was to be registered, and parties were directed to implement specific measures to address identified concerns. This decision underscored the importance of achieving a fair balance between the interests of employers and employees in enterprise agreements.

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