DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC / The Australian Reinforcing Company Pty Limited
(AG2021/4756)

ARC/THE AUSTRALIAN REINFORCING COMPANY (QUEANBEYAN) ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 5 MAY 2021

Application for approval of the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2021-2024. (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. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this Approval. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute are SSX Services Pty Limited trading as ARC and The Australian Reinforcing Company Pty Limited. The matter before the court concerns the application for approval of the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2021-2024. This application was brought before the Fair Work Commission. The primary legal issue that the court had to address was whether the enterprise agreement met the requirements set out under the Fair Work Act 2009, including whether it contained all the mandatory terms, and whether it was made in good faith and without coercion. Additionally, the court examined whether the agreement provided for the proper determination of employees' terms and conditions of employment.

In its reasoning, the Fair Work Commission noted that the application for approval of the enterprise agreement was made in compliance with the procedural requirements of the Fair Work Act. The commission examined the contents of the agreement to determine if it contained all the mandatory terms, such as minimum rates of pay, penalty rates, and maximum weekly hours, among others. The commission also considered whether the agreement was made in good faith and without coercion by evaluating the process through which the agreement was negotiated. Furthermore, the court ensured that the agreement provided for the proper determination of employees' terms and conditions of employment. After careful consideration, the Fair Work Commission determined that the enterprise agreement met all the necessary requirements and was approved.

The court's decision was based on a comprehensive review of the enterprise agreement, which included an examination of the mandatory terms, the negotiation process, and the provisions for determining employees' terms and conditions of employment. The Fair Work Commission found that the agreement was made in good faith and without coercion, and it contained all the mandatory terms as required by the Fair Work Act. Consequently, the court approved the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2021-2024.

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