DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A The Australian Reinforcing Company (ARC)
(AG2015/1283)

THE AUSTRALIAN REINFORCING COMPANY TASMANIAN ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2015

Application for approval of The Australian Reinforcing Company Tasmanian Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as The Australian Reinforcing Company Tasmanian Enterprise Agreement 2015 (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 The Australian Reinforcing Company (ARC).

[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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 June 2015 and, in accordance with s.54 of the Act, will operate from 10 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of The Australian Reinforcing Company Tasmanian Enterprise Agreement 2015. The applicant, SSX Services Pty Limited trading as The Australian Reinforcing Company (ARC), sought approval of the agreement under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the requirements of the Act, specifically concerning the fairness and reasonableness of the terms and conditions outlined within the agreement.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the various statutory obligations prescribed under the Fair Work Act. Additionally, the Commission had to consider whether the agreement had been fairly and appropriately negotiated, and whether it provided for adequate protections for employees. The Commission also needed to ensure that the agreement did not adversely affect employees' existing rights or entitlements.

The Fair Work Commission, in its decision, found that the agreement was fair and reasonable. It noted that the agreement contained provisions that were beneficial to both employees and the employer, including clear definitions of employment conditions, provisions for wage progression, and mechanisms for dispute resolution. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for adequate protections for employees, including provisions for leave and penalties for unlawful termination. The Commission concluded that the agreement met the requirements of the Act and approved the application for its registration.

In approving the application, the Fair Work Commission ordered that The Australian Reinforcing Company Tasmanian Enterprise Agreement 2015 be registered under the Fair Work Act 2009. This registration ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established