DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company
(AG2020/3151)

ARC/THE AUSTRALIAN REINFORCING COMPANY (NEWCASTLE) ENTERPRISE AGREEMENT 2020-2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 NOVEMBER 2020

Application for approval of the ARC/The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2020-2021.

[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 2020-2021 (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 (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 17 October 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 Australian Workers’ Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2020. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SSX Services Pty Ltd, trading as ARC/The Australian Reinforcing Company, sought approval of the ARC/The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2020-2021 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers within the Newcastle branch of the company, and whether these terms complied with the relevant industrial laws and principles of fairness. The Fair Work Commission, tasked with overseeing the approval of enterprise agreements, was called upon to determine if the agreement met the necessary requirements under the Fair Work Act 2009.

The key legal issues before the Commission involved whether the agreement provided for a safety net of minimum entitlements, adhered to the process requirements for the negotiation and making of the agreement, and was otherwise compliant with the Act. Specifically, the Commission needed to examine whether the agreement sufficiently protected the rights of employees and provided a fair and reasonable framework for their employment. The negotiation process and the fairness of the terms also needed to be scrutinised to ensure that they were not detrimental to the employees.

In assessing the application, the Commission took into account various submissions from both SSX Services and the union representing the employees. The Commission examined the process by which the agreement was negotiated and determined that the process was legitimate and followed proper procedures. Furthermore, the Commission found that the agreement provided adequate minimum entitlements and did not impose any terms that were less favourable than the applicable awards or the general industrial safety net. The Commission concluded that the agreement was fair and reasonable, meeting all the statutory requirements, and thus approved the ARC/The Australian Reinforcing Company (Newcastle) Enterprise Agreement 2020-2021.

The Commission's decision was based on a thorough analysis of the agreement's provisions, the negotiation process, and the submissions from both parties. The final orders included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the workers at the Newcastle branch of ARC/The Australian Reinforcing Company for the specified period. This decision provided certainty and clarity for both the employer and the employees regarding their respective rights and obligations.

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