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

[2022] FWCA 3190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3686)

ARC/The Australian Reinforcing Company Hemmant Enterprise Agreement 2022 to 2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 15 SEPTEMBER 2022

Application for approval of the ARC/The Australian Reinforcing Company Hemmant Enterprise Agreement 2022 to 2025

An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Hemmant Enterprise Agreement 2022 to 2025 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. 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

Noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SSX Services Pty Limited trading as ARC, sought approval of the ARC/The Australian Reinforcing Company Hemmant Enterprise Agreement 2022 to 2025 from the Fair Work Commission. The respondent, an unincorporated association of employers, challenged the fairness and appropriateness of the agreement. The Commission, led by Deputy President C. L. Smith, was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009. The legal issues primarily revolved around whether the agreement satisfied the "better off overall test" and if it contained appropriate mechanisms for resolving disputes.

The Commission considered whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. It examined the "better off overall test," which assesses whether the employees would be better off overall with the new agreement compared to their current conditions. The Commission also evaluated the agreement's provisions for resolving disputes and ensuring fair treatment of employees. The applicant argued that the agreement provided fair and reasonable terms for employees, while the respondent contended that certain provisions did not meet the statutory requirements.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement did meet the necessary statutory criteria. The Commission concluded that the agreement provided employees with improved conditions and adequately addressed dispute resolution mechanisms. The Commission's decision was based on a thorough analysis of the agreement's provisions and their alignment with the objectives of the Fair Work Act 2009. The Commission approved the ARC/The Australian Reinforcing Company Hemmant Enterprise Agreement 2022 to 2025, finding it to be appropriate for registration.

The Fair Work Commission approved the ARC/The Australian Reinforcing Company Hemmant Enterprise Agreement 2022 to 2025, determining it met the statutory requirements for approval. The agreement was deemed to be fair and reasonable, providing employees with improved conditions and adequate dispute resolution mechanisms. This decision concluded the application for approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established