SSX Services Pty Limited Summary

[2013] FWCA 3209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited
(AG2013/950)

AUSTRALIAN REINFORCING COMPANY TASMANIAN ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 MAY 2013

Application for approval of the Australian Reinforcing Company Tasmanian Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company Tasmanian Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by SSX Services Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 20 May 2013 the applicant advised by email that an error had been made in the rates of pay for classification 5(a) appearing in appendix A to the Agreement. The correct rates are: $1122.38 for Launceston; $1145.15 for Hobart and $1150.05 for Burnie. The applicant advised that employees at this classification are being paid these rates and that the incorrect rates in appendix A was due to an administrative error. Pursuant to s.586 of the Act, I permit this correction to appendix A of the Agreement. The corrected version of the Agreement is the version now approved and attached to this decision.

[4] An undertaking has been given in relation to clauses 12, 21, 22 and 27 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 29 May 2013.The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SSX Services Pty Limited, sought approval of the Australian Reinforcing Company Tasmanian Enterprise Agreement 2013. The respondent, United Voice, represented the interests of the employees. The primary dispute centred around the terms and conditions of the proposed enterprise agreement and its compliance with the Fair Work Act 2009.

The legal issues the Commission needed to address included whether the agreement met the requirements for good faith bargaining, whether the terms and conditions were fair and reasonable, and whether the agreement provided adequate protections and benefits for the employees. Additionally, the Commission had to consider whether the agreement complied with relevant minimum standards prescribed by the Fair Work Act.

Upon examining the evidence and submissions from both parties, the Commission determined that the agreement was the product of genuine good faith bargaining. The terms and conditions were found to be fair and reasonable, providing adequate protections and benefits for the employees. The Commission also found that the agreement met the minimum standards set out in the Fair Work Act. Consequently, the Commission approved the Australian Reinforcing Company Tasmanian Enterprise Agreement 2013.

The final orders included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until it was replaced or terminated in accordance with the Fair Work Act.

SSX Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established