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

[2021] FWCA 1723

[2021] FWCA 1723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company
(AG2021/4039)

ARC/THE AUSTRALIAN REINFORCING COMPANY VICTORIAN ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2021

Application for approval of the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2020 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at page 15, clause 20.1.4. On 19 March 2021, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, 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.

[4] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● 23.4

● 23.9.3

● 28.4.1

[6] However, noting clause 5.5 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 30 March 2021 and, in accordance with s.54, will operate from 6 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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