DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC - The Australian Reinforcing Company
(AG2015/3512)

THE AUSTRALIAN REINFORCING COMPANY ROCKHAMPTON ENTERPRISE AGREEMENT 2015 TO 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2015

Application for approval of The Australian Reinforcing Company Rockhampton Enterprise Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as The Australian Reinforcing Company Rockhampton 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] The Applicant 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] 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] The Agreement was approved on 13 August 2015 and, in accordance with s.54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of SSX Services Pty Limited, trading as The Australian Reinforcing Company, the Fair Work Commission was tasked with approving the 2015 to 2018 Enterprise Agreement between the employer and its employees. The application for approval was brought before the Commission to ensure the agreement complied with the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the agreement, with the employees arguing for certain clauses to be amended for better protections, while the employer sought to maintain the proposed terms.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act, specifically focusing on whether it contained the minimum terms and conditions mandated by the Act, and if it was made in good faith. The Commission had to examine the provisions of the agreement to determine if they aligned with the statutory minimums and whether the agreement was genuinely negotiated and not imposed. Another consideration was whether the agreement was fair and balanced, taking into account the interests of both the employees and the employer.

The Commission carefully reviewed the proposed agreement, considering the submissions from both parties. It found that while the agreement generally adhered to the minimum terms and conditions set out in the Fair Work Act, some provisions needed to be modified to ensure fairness. The Commission concluded that the agreement was, in the main, made in good faith and reflected a genuine negotiation process. After making the necessary amendments to ensure compliance with the statutory requirements and to address fairness concerns, the Commission approved the agreement with the modifications. The final order was for the approval of the Enterprise Agreement, subject to the alterations made by the Commission.

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