DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC/The Australian Reinforcing Company
(AG2019/958)

ARC/THE AUSTRALIAN REINFORCING COMPANY TOWNSVILLE ENTERPRISE AGREEMENT 2018 TO 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 APRIL 2019

Application for approval of the ARC / The Australian Reinforcing Company Townsville Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the ARC / The Australian Reinforcing Company Townsville 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] 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] 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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the ARC / The Australian Reinforcing Company Townsville Enterprise Agreement 2018 to 2021. The applicant, SSX Services Pty Limited trading as ARC / The Australian Reinforcing Company, sought approval of the enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was the court responsible for hearing and deciding upon the matter.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must provide for, amongst other things, minimum rates of pay and conditions. Additionally, the Commission had to determine if the agreement was "better off overall" for the employees involved and if it was free from any invalid provisions that could render the entire agreement non-compliant.

In addressing these issues, the Commission considered the provisions of the agreement, the submissions made by the parties, and the relevant legal framework. The Commission found that the enterprise agreement provided for minimum rates of pay and conditions that met the requirements of the Act. The Commission also determined that the agreement was better off overall for the employees, as it included various improvements in pay and conditions compared to the previous agreement. Furthermore, the Commission identified and removed any invalid provisions, ensuring the agreement was compliant with the Act. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the ARC / The Australian Reinforcing Company Townsville Enterprise Agreement 2018 to 2021, subject to the removal of invalid provisions. This decision ensures that the employees of the company will benefit from the improved pay and conditions outlined in the agreement, while also complying with the requirements of the Fair Work Act.

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