DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC/The Australian Reinforcing Company Pty Limited
(AG2018/6827)

ARC/THE AUSTRALIAN REINFORCING COMPANY WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2018 – 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the ARC/The Australian Reinforcing Company Western Australia Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Western Australia Enterprise Agreement 2018 - 2021 (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 Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 18(d) - Redundancy

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SSX Services Pty Limited, trading as ARC/The Australian Reinforcing Company Pty Limited, applied for approval of the ARC/The Australian Reinforcing Company Western Australia Enterprise Agreement 2018 - 2021. The application was heard by the Fair Work Commission, a federal statutory tribunal. The primary dispute centred around whether the proposed enterprise agreement complied with the necessary legal requirements and if it was fair and reasonable for the employees involved.

The legal issues the court needed to resolve included whether the agreement met the procedural fairness requirements, if it adhered to the provisions of the Fair Work Act 2009, and if it was reasonable and fair for the employees. The court needed to consider if the agreement was made without coercion, contained adequate dispute resolution mechanisms, and provided a fair and reasonable outcome for the employees.

The Fair Work Commission found that the agreement was made in good faith and without coercion. It was determined that the agreement was procedurally fair, as the necessary consultation with employees had occurred. The agreement was found to comply with the Fair Work Act 2009 and was deemed reasonable and fair for the employees. The Commission approved the enterprise agreement, and the application was ultimately successful.

The court's final orders included the approval of the ARC/The Australian Reinforcing Company Western Australia Enterprise Agreement 2018 - 2021, as well as the requirement for the employer to implement the agreement and notify the Fair Work Commission of its implementation. The court's decision provided clarity and certainty for the parties involved, allowing the agreement to come into effect as intended.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established