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

[2021] FWCA 5843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC / The Australian Reinforcing Company
(AG2021/7046)

THE AUSTRALIAN REINFORCING COMPANY NSW ENTERPRISE AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 15 SEPTEMBER 2021

Application for approval of The Australian Reinforcing Company NSW Enterprise Agreement 2021 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the The Australian Reinforcing Company NSW Enterprise Agreement 2021 - 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 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

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, applied for the approval of an enterprise agreement. The agreement, covering the period 2021 to 2025, was intended to set out the terms and conditions of employment for the company's employees. The Australian Reinforcing Company represents a significant player in the construction industry, and the proposed agreement aimed to regulate various aspects of employment, including wages, hours, and other conditions of employment.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion, as required by the Fair Work Act. The Commission also needed to consider whether the agreement provided for the minimum entitlements as stipulated by the relevant industrial awards and whether it was in the best interests of the employees.

The Commission assessed the agreement clause by clause, taking into account the submissions from both parties and the evidence presented. The Commission noted that the agreement provided for minimum wage rates and conditions that were at least equal to those provided for in the relevant industrial awards. Additionally, the agreement included provisions for overtime, penalty rates, and annual leave, which aligned with the requirements of the Fair Work Act. The Commission also found that the agreement was made in good faith and without any evidence of coercion. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the proposed enterprise agreement between SSX Services Pty Limited and The Australian Reinforcing Company, effective from 1 July 2021 to 30 June 2025. The Commission's decision was based on the finding that the agreement met the statutory requirements of the Fair Work Act, provided for minimum entitlements, and was made in good faith and without coercion. This decision ensures that employees of The Australian Reinforcing Company will have their terms and conditions of employment regulated by the approved agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established