| [2024] FWCA 4046 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
SSX Services Pty Limited T/A ARC / The Australian Reinforcing Company
(AG2024/4024)
ARC/THE AUSTRALIAN REINFORCING COMPANY (NEWCASTLE) ENTERPRISE AGREEMENT 2024 – 2027
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 20 NOVEMBER 2024 |
Application for approval of the ARC/The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2024 - 2027 (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.
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. The undertakings are taken to be a term of the agreement.
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.
I note that the Agreement contains an NES precedence clause at cl.6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 31 August 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526817 PR781435>
Annexure A
- AGLC
- SSX Services Pty Limited T/A ARC / The Australian Reinforcing Company [2024] FWCA 4046
- Case
- [2024] FWCA 4046
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to decide were whether the application process adhered to the statutory requirements and if the agreement met the standard criteria for approval, including fairness, efficiency, flexibility, and simplicity. The applicant argued that the agreement was a product of genuine bargaining and met all necessary conditions. The respondents, however, raised concerns about the negotiation process and certain provisions of the agreement that they deemed unfair.
The Fair Work Commission carefully reviewed the evidence and submissions from both parties. It assessed the negotiation process to ensure it was conducted in good faith and the agreement was not made under duress or coercion. The Commission found that the application process was procedurally sound and that the agreement itself was fair, efficient, flexible, and simple. It was satisfied that the agreement was the result of genuine bargaining between the parties. Consequently, the Commission approved the ARC/The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2024-2027, setting out the terms and conditions of employment for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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