DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC/Australian Reinforcing Company
(AG2019/708)

AUSTRALIAN REINFORCING COMPANY (ST MARYS) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 APRIL 2019

Application for approval of the Australian Reinforcing Company (St Marys) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company (St Marys) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SSX Services Pty Limited T/A ARC/Australian Reinforcing Company. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note that Clause 18.2(c) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 3 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, SSX Services Pty Limited, trading as ARC/Australian Reinforcing Company, sought approval of the Australian Reinforcing Company (St Marys) Enterprise Agreement 2018. The application for approval was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement contained provisions that were not consistent with the Fair Work Act 2009. The CFMEU claimed that certain clauses in the agreement were not sufficiently clear and that some of the provisions contravened the provisions of the Act.

The primary legal issues before the Commission were whether the clauses in question were clear and precise, and whether they complied with the requirements of the Fair Work Act. The Commission had to determine whether the agreement was consistent with the principles of the Act, particularly in relation to its provisions on wages, hours of work, and other conditions of employment. The Commission also needed to consider whether the agreement provided adequate protections for employees and whether it promoted productive and harmonious workplace relations.

In delivering its decision, the Commission noted that while some of the clauses in the agreement were not as clear as they could be, they were not so unclear as to render the agreement invalid. The Commission found that the provisions of the agreement were generally consistent with the principles of the Fair Work Act. The Commission was satisfied that the agreement provided adequate protections for employees and that it promoted productive and harmonious workplace relations. The Commission accepted that the agreement was a genuine enterprise agreement and approved it under section 174 of the Fair Work Act.

The Commission made several orders in relation to the approval of the agreement. The agreement was approved as a registered agreement under section 174 of the Fair Work Act, and the Commission certified the agreement as a single-enterprise agreement for the purposes of the Act. The Commission also made orders in relation to the commencement of the agreement and the transition of employees from the previous agreement to the new agreement. The Commission found that the agreement provided for a fair and reasonable outcome for all parties and approved it in its entirety.

SSX Services Pty Limited T/A ARC/Australian Reinforcing Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established