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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SSX Services Pty Limited, trading as The Australian Reinforcing Company, filed an application to have the Rockhampton Enterprise Agreement 2018 to 2020 approved. The application was heard in the Fair Work Commission, where the parties were represented by their respective legal counsel. The dispute involved whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including provisions related to employee protections and industrial action.

The court was tasked with determining whether the agreement was made in good faith, whether it contained necessary protections for employees, and if it was free from any unfair content. Additionally, the court had to consider whether the agreement provided appropriate mechanisms for resolving disputes and whether it complied with the statutory requirements for enterprise agreements.

In its decision, the court found that the agreement did meet the necessary requirements for approval. The agreement was deemed to have been made in good faith, contained adequate protections for employees, and did not include any unfair content. The court also found that the agreement provided appropriate dispute resolution mechanisms and was compliant with the statutory requirements. Consequently, the court approved the agreement.

The final orders of the court included the approval of the Rockhampton Enterprise Agreement 2018 to 2020, with the effective date of approval being the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be served on the parties and their 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