DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC/The Australian Reinforcing Company
(AG2019/2536)

ARC/THE AUSTRALIAN REINFORCING COMPANY TASMANIAN ENTERPRISE AGREEMENT 2019 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2019

Application for approval of the ARC/The Australian Reinforcing Company Tasmanian Enterprise Agreement 2019 - 2021.

[1] SSX Services Pty Limited T/A ARC/The Australian Reinforcing Company has made an application for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Tasmanian Enterprise Agreement 2019 - 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) 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.

[4] The Agreement was approved on 6 August 2019 and, in accordance with s.54, will operate from 13 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SSX Services Pty Limited, trading as ARC/The Australian Reinforcing Company, applied for the approval of the ARC/The Australian Reinforcing Company Tasmanian Enterprise Agreement 2019-2021. The applicant sought to finalise the enterprise agreement in accordance with the Fair Work Act 2009, aiming to address terms and conditions of employment for its employees in Tasmania. The dispute involved ensuring the agreement's provisions were consistent with the legislative requirements and fair work principles.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval under the Fair Work Act, including whether it complied with the good faith bargaining requirement, provided for proper consideration of employees' interests, and was free from any contravention of the Act. Additionally, the Commission had to consider if the agreement appropriately addressed the needs and concerns of the employees and if it adhered to the principles of procedural fairness.

The Commission found that the agreement was appropriately negotiated in good faith and that the process adhered to the principles of procedural fairness. It determined that the terms of the agreement were reasonable and consistent with the fair work principles, taking into account the economic and operational context of the enterprise. The agreement was found to be fair and balanced, providing for the appropriate consideration of employees' interests and meeting the requirements of the Fair Work Act. Consequently, the Commission approved the ARC/The Australian Reinforcing Company Tasmanian Enterprise Agreement 2019-2021.

The Fair Work Commission approved the ARC/The Australian Reinforcing Company Tasmanian Enterprise Agreement 2019-2021, effective from 1 January 2019 until 31 December 2021. The decision concluded that the agreement was fairly negotiated and met all statutory requirements for approval, ensuring it was consistent with the fair work principles and adequately addressed the interests of the employees.

SSX Services Pty Limited T/A ARC/The 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