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

[2024] FWC 1773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/2170)

ARC/THE AUSTRALIAN REINFORCING COMPANY (QUEANBEYAN) ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 8 JULY 2024

Application for approval of the ARC/The Australian Reinforcing Company(Queanbeyan) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

The Agreement was approved on 3 July 2024 and, in accordance with s.54, will operate from 11 July 2024. The nominal expiry date of the Agreement at clause 4 is 30 June 2027.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in this case were SSX Services Pty Ltd, trading as ARC/The Australian Reinforcing Company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The central legal issues in this case revolved around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being considered a "better off overall test" (BOOT) agreement. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, taking into account factors such as wages, conditions, and overall employment benefits.

The Fair Work Commission found that the proposed enterprise agreement was consistent with the statutory requirements and met the BOOT criteria. The Commission considered the evidence provided by both parties and concluded that the agreement was fair and reasonable. The Commission emphasised the importance of the agreement in addressing the specific needs of the workforce while maintaining a fair balance between the interests of the employer and employees. The agreement was subsequently approved, paving the way for its implementation.

The Fair Work Commission ordered that the ARC/The Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2024-2027 be approved and registered. This decision ensured that the agreement would be legally binding and enforceable, providing a framework for the employment relationship between the employer and employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established