DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC/The Australian Reinforcing Company
(AG2019/1715)

THE AUSTRALIAN REINFORCING COMPANY SOUTHPORT ENTERPRISE AGREEMENT 2018 TO 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Australian Reinforcing Company Southport Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as The Australian Reinforcing Company Southport Enterprise Agreement 2018 to 2021 (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/The 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SSX Services Pty Limited, trading as The Australian Reinforcing Company, sought approval of the Enterprise Agreement for its employees in the Southport branch from 2018 to 2021. The application was made to the Fair Work Commission, which assessed the agreement under the Fair Work Act 2009. The primary dispute centred around the terms of the proposed agreement and whether it met the legal standards for approval, particularly in relation to pay rates and conditions for employees.

The court was required to determine whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that the overall terms and conditions of employment for the employees would be no worse off, and some would be better off, than what was provided for in the applicable awards or agreements. Additionally, the court needed to assess whether the agreement met the requirements for "single interest" bargaining and whether the agreement was made in good faith. The court also considered whether the agreement provided adequate protection for employees, including those who might be less advantaged.

In reaching its decision, the court examined the evidence presented by both parties and considered the principles of fair work legislation. The court found that the agreement did indeed meet the BOOT requirement, as it provided for increased wages and improved conditions for the majority of employees, while ensuring that no employee would be worse off. The court was satisfied that the bargaining was conducted in good faith and that the agreement covered a single interest group. The court also noted the provisions within the agreement that provided protections for vulnerable employees, thus concluding that the agreement met all the necessary legal criteria for approval.

The Fair Work Commission approved the Enterprise Agreement for the employees of SSX Services Pty Limited, trading as The Australian Reinforcing Company, at its Southport branch, for the period from 2018 to 2021. The court's decision confirmed that the agreement met the legal standards required for approval and provided for the fair treatment of all employees involved.

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