DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company
(AG2021/6925)

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

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 SEPTEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement to be known as the ARC / The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2021 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company (Employer). The Agreement is a single enterprise agreement.

[2] The Australian Workers’ Union (‘AWU’), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2021. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company, the Fair Work Commission was called upon to determine the approval of the ARC / The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2021-2024. The dispute primarily involved the terms and conditions of employment for workers under the enterprise agreement, focusing on various aspects such as wages, hours of work, and other employment conditions.

The central legal issues before the court encompassed whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the court had to assess if the agreement provided for the minimum entitlements of employees, if it was free from prohibited content, and if it complied with the procedural requirements for its approval. A significant point of contention was the adequacy of the agreement in addressing the needs and protections of the workforce, particularly in relation to the pay rates and conditions of employment.

Upon reviewing the submissions and evidence presented, the Fair Work Commission found that the ARC / The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2021-2024 largely complied with the statutory requirements. The agreement was deemed to provide for the minimum entitlements of employees and was free from prohibited content. The Commission approved the agreement, recognising its overall fairness and balance in meeting the needs of both the employer and the employees.

The Fair Work Commission's final orders included the approval of the ARC / The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2021-2024, effective from the date of the decision. This approval signified that the agreement could be implemented as a basis for employment conditions for the relevant workforce, subject to the terms and conditions outlined in the approved document.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established