DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orrcon Operations Pty Ltd T/A Orrcon Steel
(AG2017/3179)

ORRCON STEEL (AUBURN) ENTERPRISE AGREEMENT 2017

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DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2017

Application for approval of the Orrcon Steel (Auburn) Enterprise Agreement 2017.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 15 October 2020.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for approval of the Orrcon Steel (Auburn) Enterprise Agreement 2017, a dispute between Orrcon Operations Pty Ltd, trading as Orrcon Steel, and the Australian Manufacturing Workers' Union. The application sought to address the terms and conditions of employment for employees within the Orrcon Steel (Auburn) enterprise. The dispute centred around the terms of the proposed agreement, which was intended to replace the existing enterprise agreement. The legal issues before the Commission included whether the agreement provided for minimum terms, whether it complied with the relevant legislative requirements, and whether it was made in good faith and without coercion.

The Commission examined the provisions of the agreement to determine if it met the statutory requirements for minimum terms as outlined in the Fair Work Act 2009. It was necessary to assess whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, leave entitlements, and other employment-related matters. Furthermore, the Commission considered the process by which the agreement was made, to ensure that it was done in good faith and without coercion, as required by the legislation. The Commission also reviewed submissions from both parties to determine if any objections raised were valid and if the agreement should be approved or rejected.

Upon thorough examination of the agreement and the submissions from both parties, the Commission found that the Orrcon Steel (Auburn) Enterprise Agreement 2017 met the statutory requirements for minimum terms and was made in good faith and without coercion. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and it complied with the relevant legislative requirements. Therefore, the Commission approved the agreement, ensuring that it would govern the employment terms and conditions for employees within the Orrcon Steel (Auburn) enterprise. The approval of the agreement was based on the evidence presented and the findings of the Commission.

Orrcon Operations 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