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

[2022] FWCA 3190

[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

1. 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.

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

1. 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

1. 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.

1. 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.

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

COMMISSIONER

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