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

[2021] FWCA 5808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC / The Australian Reinforcing Company
(AG2021/6987)

THE AUSTRALIAN REINFORCING COMPANY GOLD COAST ENTERPRISE AGREEMENT 2021 TO 2024

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2021

Application for approval of The Australian Reinforcing Company Gold Coast Enterprise Agreement 2021 to 2024.

[1] An application has been made for approval of an enterprise agreement known as The Australian Reinforcing Company Gold Coast Enterprise Agreement 2021 to 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the SSX Services Pty Limited T/A ARC / The Australian Reinforcing Company (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between SSX Services Pty Limited, trading as The Australian Reinforcing Company (T/A ARC), and its employees. The application was brought before the Fair Work Commission by the employer. The dispute centres on the terms and conditions of employment as outlined in the proposed Gold Coast Enterprise Agreement 2021 to 2024, which the employer sought to have approved and registered under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval under the Act, particularly focusing on the bargaining process and the content of the agreement.

The Commission considered whether the agreement had been made in good faith, whether it was fairly and accurately represented to the employees, and whether it contained only matters that were bargainable under the Fair Work Act. The Commission also examined whether the agreement complied with the provisions of the National Employment Standards and the applicable awards. The employer argued that the agreement was made in good faith and represented accurately, while the employees did not raise any objections to the content or process. The court examined the process of consultation and negotiation, finding that the employer had engaged in good faith bargaining and had accurately represented the agreement to the employees. The Commission was satisfied that the agreement complied with the statutory requirements and met the necessary standards for approval.

The Fair Work Commission approved the application for the registration of the Gold Coast Enterprise Agreement 2021 to 2024, finding that it was made in good faith and accurately represented. The agreement was deemed to comply with the Fair Work Act and relevant awards. The Commission noted the cooperative approach taken by both parties during the bargaining process and the absence of any objections from the employees. The final orders granted the employer's application for approval of the enterprise agreement, which will now be registered and enforceable as a binding contract between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established