Orrcon Operations Pty Ltd T/A Orrcon Steel Summary

[2014] FWCA 7329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Orrcon Operations Pty Ltd T/A Orrcon Steel
(AG2014/7582)

ORRCON STEEL BANYO AGREEMENT

Storage services
COMMISSIONER ROE	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Orrcon Steel Banyo Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Orrcon Steel Banyo Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orrcon Operations Pty Ltd T/A Orrcon Steel (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 30 September 2014. On 10 October 2014 I received a signed undertaking in response to the queries from Jessica Liley, Employee Relations Manager ay BlueScope. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[7] As the agreement does not contain a consultation term, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2014. The nominal expiry date of the Agreement is 8 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Orrcon Operations Pty Ltd, trading as Orrcon Steel, and its employees. The dispute centred around the application for approval of the Orrcon Steel Banyo Agreement, which sought to alter the terms and conditions of employment for certain employees. The matter was heard in the Fair Work Commission, a body responsible for the resolution of workplace disputes in Australia.

The primary legal issues the Commission had to address were whether the proposed agreement met the statutory criteria for approval and if it was made in good faith. The Commission considered whether the agreement provided for fair and reasonable terms, including pay rates, hours of work, and other employment conditions, and whether it was negotiated in a manner consistent with the principles of good faith bargaining.

In its decision, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It found that the agreement had been made in good faith, as the parties had engaged in a meaningful negotiation process. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the parties' bargaining positions. Consequently, the Commission approved the Orrcon Steel Banyo Agreement, recognising its compliance with the necessary legal standards.

The Fair Work Commission's approval of the agreement signifies its satisfaction that the terms are fair and reasonable and that the agreement was made in good faith. This decision provides clarity and finality to the employment terms for the affected employees, facilitating a stable working environment going forward.

Orrcon Operations Pty Ltd T/A Orrcon Steel

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established