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
(AG2019/4805)

ARC/THE AUSTRALIAN REINFORCING COMPANY EAGLE FARM/CRESTMEAD ENTERPRISE AGREEMENT 2019 TO 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 29 JANUARY 2020

Application for approval of the ARC/The Australian Reinforcing Company Eagle Farm/Crestmead Enterprise Agreement 2019 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Eagle Farm/Crestmead Enterprise Agreement 2019 to 2022 (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 T/A ARC/The Australian Reinforcing Company (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Workers’ Union (AWU) 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] Pursuant to s.202(4) of the Act, the model flexibility term and s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company, the Fair Work Commission (FWC) was tasked with determining whether to approve the ARC/The Australian Reinforcing Company Eagle Farm/Crestmead Enterprise Agreement 2019 to 2022. This decision emerged from a formal application by the employer to formalise the terms and conditions of employment as outlined in the proposed enterprise agreement.

The primary legal issues before the Commission involved assessing whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including ensuring that it was appropriately negotiated, provided for fair terms and conditions, and was made in good faith. Key aspects included the procedural fairness of the agreement's negotiation and whether the agreement contained terms that were consistent with the national employment standards and any relevant awards. The Commission also considered submissions from both parties and any broader implications for the workforce.

The Commission concluded that the enterprise agreement was fairly negotiated and contained terms that were consistent with the national employment standards. It found that the employer had acted in good faith and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission highlighted the importance of ensuring that employees were adequately informed and had the opportunity to participate in the negotiation process, which was deemed to have been appropriately managed in this instance.

Consequently, the Fair Work Commission approved the ARC/The Australian Reinforcing Company Eagle Farm/Crestmead Enterprise Agreement 2019 to 2022, endorsing it as a fair and reasonable document for the specified period. The decision emphasised the importance of continued compliance with the statutory requirements and the necessity of maintaining good faith in future negotiations.

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