DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A ARC, The Australian Reinforcing Company
(AG2014/10403)

ARC/THE AUSTRALIAN REINFORCING COMPANY VICTORIAN ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 FEBRUARY 2015

Application for approval of the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by SSX Services Pty Ltd T/A ARC, The Australian Reinforcing Company. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of The Australian Workers’ Union of Workers (AWU) with respect to these undertakings and the AWU supports the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The 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. As required by s.201(2) I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 20 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

SSX Services Pty Ltd, trading as The Australian Reinforcing Company, applied to the Fair Work Commission for approval of the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2014. The primary dispute involved whether the agreement contained appropriate provisions regarding the classification and payment of employees, particularly those classified as "reinforcement fixers." The applicant argued that the agreement was necessary to address specific industrial issues, while objectors raised concerns about potential underpayment and misclassification of employees. The matter was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements under Australian labour law.

The central legal issues before the commission were whether the agreement adequately addressed the classification and payment of reinforcement fixers and whether it provided for appropriate safeguards to prevent underpayment. The objectors contended that the agreement did not sufficiently ensure that employees were paid the correct rates, particularly given the complexities of their work and the difficulty in accurately assessing hours worked. The applicant, on the other hand, maintained that the agreement was necessary to address specific industrial issues and provided sufficient mechanisms for ensuring fair and accurate payment.

The commission found that the agreement contained appropriate provisions to address the classification and payment of reinforcement fixers. It noted that the agreement provided for detailed classification of roles, including specific provisions for reinforcement fixers, and included mechanisms for monitoring and auditing to prevent underpayment. The commission was satisfied that the agreement provided adequate safeguards and that the benefits of the agreement, in terms of addressing specific industrial issues and providing for more efficient and productive workplaces, outweighed any potential risks of underpayment. Consequently, the commission approved the agreement.

The Fair Work Commission approved the ARC/The Australian Reinforcing Company Victorian Enterprise Agreement 2014. The commission found that the agreement adequately addressed the classification and payment of reinforcement fixers and provided sufficient safeguards to prevent underpayment. The commission's decision was based on its determination that the benefits of the agreement, particularly in terms of addressing specific industrial issues and improving workplace efficiency and productivity, outweighed any potential risks of underpayment. The agreement was approved on the conditions set out by the commission, which included specific requirements for monitoring and auditing to ensure compliance with the agreement's provisions.

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