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

[2019] FWCA 960

[2019] FWCA 960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC - The Australian Reinforcing Company
(AG2018/5087)

AUSTRALIAN REINFORCING COMPANY ROCKHAMPTON ENTERPRISE AGREEMENT 2018 TO 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Australian Reinforcing Company Rockhampton Enterprise Agreement 2018 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company Rockhampton Enterprise Agreement 2018 to 2020 (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, and 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, 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 21.1(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 15 February 2019 and, in accordance with s.54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

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<AE501807  PR704940>

Annexure A