DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC/The Australian Reinforcing Company
(AG2018/5880)

ARC/THE AUSTRALIAN REINFORCING COMPANY EAGLE FARM ENTERPRISE AGREEMENT 2018 TO 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 27 MARCH 2019

Application for approval of the ARC/The Australian Reinforcing Company Eagle Farm Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Eagle Farm Enterprise Agreement 2018-2019 (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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SSX Services Pty Limited, trading as ARC/The Australian Reinforcing Company, recently appeared before the Fair Work Commission to seek approval for the ARC/The Australian Reinforcing Company Enterprise Agreement 2018-2019. The primary dispute centred around whether the terms of the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement complied with the provisions of the Act and was fair and reasonable in all its aspects.

The legal issues before the Commission included whether the agreement provided for adequate minimum wages and conditions, whether it included provisions for the protection of employees' rights and interests, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider if the agreement was made in good faith and if it allowed for the appropriate level of employee consultation and participation.

The Fair Work Commission found that the ARC/The Australian Reinforcing Company Enterprise Agreement 2018-2019 was fair and reasonable in all its aspects. The Commission noted that the agreement provided for minimum wages and conditions that were consistent with industry standards and statutory requirements. It also included provisions for employee rights and protections, as well as mechanisms for consultation and participation. The Commission concluded that the agreement had been made in good faith and was compliant with the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

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