DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC - The Australian Reinforcing Company
(AG2015/6864)

AUSTRALIAN REINFORCING COMPANY SOUTHPORT ENTERPRISE AGREEMENT 2015 TO 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Australian Reinforcing Company Southport Enterprise Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company Southport Enterprise Agreement 2015 to 2018 (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 25 December 2015. The nominal expiry date of the Agreement is 29 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SSX Services Pty Limited, trading as The Australian Reinforcing Company (ARC), applied for approval of the Southport Enterprise Agreement 2015 to 2018. The dispute centred around the terms and conditions outlined in the proposed agreement, which the applicant sought to implement across its workforce in Southport. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009 and other relevant industrial instruments.

The primary legal issues before the Commission involved verifying whether the agreement adhered to the mandatory provisions of the Fair Work Act, including minimum entitlements for employees, and whether it was appropriately negotiated. Additionally, the Commission needed to ascertain if the agreement appropriately reflected the needs of the workforce, ensuring fair and reasonable terms for all parties involved. The Commission also considered whether the agreement contained provisions that were consistent with broader industrial standards and whether it appropriately balanced the rights and interests of employers and employees.

After a thorough examination of the proposed agreement, the Commission found that the Southport Enterprise Agreement 2015 to 2018 generally met the legislative requirements and was appropriately negotiated. The Commission noted that the agreement provided for fair and reasonable terms for the employees and did not contravene any mandatory provisions of the Fair Work Act. The Commission approved the agreement, subject to certain minor modifications to ensure full compliance with the Act. These modifications included adjustments to the penalty rates and leave provisions to align more closely with the Fair Work Act’s minimum standards.

The Fair Work Commission's final order approved the Southport Enterprise Agreement 2015 to 2018, with the aforementioned modifications. The agreement now provides a legally binding framework for the terms and conditions of employment for employees of ARC in the Southport region, ensuring that both employer and employee interests are appropriately balanced.

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