DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A ARC/The Australian Reinforcing Company
(AG2018/7433)

ARC/THE AUSTRALIAN REINFORCING COMPANY VICTORIAN ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met.

[4] I note that clause 28.4 is inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clauses 5.4 and 5.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of SSX Services Pty Ltd trading as ARC/The Australian Reinforcing Company, the Fair Work Commission was tasked with approving the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2018. This application arose from a need to formalise and standardise the employment terms and conditions for employees within the Victorian operations of the company. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 and whether it provided fair and reasonable terms for both employers and employees.

The legal issues before the court involved assessing the fairness and compliance of the proposed enterprise agreement with the statutory framework. This included verifying that the agreement had been made in good faith and without coercion, ensuring that it contained appropriate minimum terms and conditions, and confirming that it had been appropriately certified by the relevant independent body. The court also had to consider whether the agreement was in the best interests of the employees and whether it met the threshold for being deemed a "modern award."

The Fair Work Commission found that the agreement was made in good faith and met the statutory requirements. The court concluded that the proposed agreement contained all necessary minimum terms and conditions and was fair and reasonable for the employees. Additionally, the certification process was deemed to have been appropriately conducted, and the agreement was found to be a modern award. The commission approved the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2018, recognising it as a valid and binding document for the purposes of employment regulation in Victoria.

The final orders of the commission included the formal approval of the enterprise agreement, which now governs the terms and conditions of employment for the employees within the Victorian operations of SSX Services Pty Ltd trading as ARC/The Australian Reinforcing Company. The decision underscores the importance of ensuring that enterprise agreements meet statutory requirements and are made in the best interests of both employers and employees.

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