DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited t/a ARC - The Australian Reinforcing Company
(AG2015/5945)

ARC / THE AUSTRALIAN REINFORCING COMPANY TOWNSVILLE ENTERPRISE AGREEMENT 2015 TO 2018

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the ARC / The Australian Reinforcing Company Townsville Enterprise Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the ARC / Australian Reinforcing Company Townsville 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are SSX Services Pty Limited, trading as The Australian Reinforcing Company (ARC), and the Fair Work Commission (FWC). The dispute centres around the application for the approval of the ARC Townsville Enterprise Agreement 2015 to 2018. The case was heard in the Fair Work Commission, with the decision rendered by Commissioner S. R. McInerney. The application was brought forth by ARC, seeking the FWC's approval for the proposed enterprise agreement that would cover its employees in Townsville.

The legal issues that the Commission was required to address involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the minimum entitlements set by the Act, whether it provided for the proper classification of employees, and if it adhered to the procedural requirements for the making of an enterprise agreement. Furthermore, the Commission examined whether the agreement was made in good faith and if the bargaining process was conducted fairly.

In delivering the decision, Commissioner McInerney carefully examined the provisions of the proposed agreement and the evidence presented by both parties. The Commissioner found that the agreement met all the necessary requirements under the Act, including the provision of minimum entitlements and proper classification of employees. The Commissioner also determined that the bargaining process was conducted in good faith and that the agreement was made in compliance with the procedural requirements. Consequently, the application for the approval of the ARC Townsville Enterprise Agreement 2015 to 2018 was approved by the Fair Work Commission.

The final orders of the Commission included the approval of the ARC Townsville Enterprise Agreement 2015 to 2018, with specific conditions attached to ensure compliance with the Fair Work Act 2009. These conditions mandated that ARC would need to provide evidence of adherence to the agreement's provisions and ensure that any changes to the agreement would be made in accordance with the Act. Additionally, the Commission required ARC to submit regular reports on the implementation and operation of the agreement, to be reviewed by the FWC.

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