DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A ARC/The Australian Reinforcing Company Pty Ltd
(AG2019/2701)

ARC/THE AUSTRALIAN REINFORCING COMPANY (QUEANBEYAN) ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 AUGUST 2019

Application for approval of the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company (Queanbeyan) 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 Ltd. 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] I note that Clauses 17.2 and 26 are inconsistent with the National Employment Standards (NES). Given the National Employment Standards precedence clause at clause 5(b) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by SSX Services Pty Limited, trading as ARC/The Australian Reinforcing Company, seeking approval of the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2018-2021. The applicant sought to have the agreement registered under the Fair Work Act 2009, with the Australian Council of Trade Unions and the Australian Workers' Union being the relevant parties involved in the dispute. The primary issue before the Court was to determine whether the agreement met the statutory requirements for approval and registration under the Act, particularly focusing on whether it provided for fair and reasonable terms and conditions of employment.

The Court considered several factors, including whether the agreement provided for minimum rates of pay and conditions that were no less favourable than those provided by the relevant industrial instrument, and whether it contained provisions that ensured the agreement did not undermine the protection of employees' rights. The Court also examined if the agreement had been made in good faith and if it provided for the fair resolution of workplace disputes. In reviewing the agreement, the Court assessed the submissions and evidence provided by the parties, focusing on the fairness and reasonableness of the terms proposed.

After thorough consideration, the Fair Work Commission found that the agreement did meet the statutory requirements for approval and registration. The Court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, did not undermine the protection of employees' rights, and was made in good faith. The Court also determined that the agreement contained provisions for the fair resolution of workplace disputes, and it did not include any terms that were less favourable than those provided by the relevant industrial instrument. Consequently, the application for approval and registration of the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2018-2021 was approved.

In its decision, the Court ordered that the agreement be registered under the Fair Work Act 2009, effective from the date of the decision. The Court's approval ensures that the agreement will govern the employment terms and conditions of the employees covered by it, providing a legally binding framework for their work arrangements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established