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

[2013] FWCA 5240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A Australian Reinforcing Company (ARC)
(AG2013/2055)

AUSTRALIAN REINFORCING COMPANY (QUEANBEYAN) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER DEEGAN	CANBERRA, 31 JULY 2013

Application for approval of the Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SSX Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of SSX Services Pty Ltd, trading as Australian Reinforcing Company (ARC), an application was brought before the Fair Work Commission to approve the Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2013. The application sought to establish terms and conditions of employment for employees of ARC in Queanbeyan. The dispute involved the union representing the employees and the employer, focusing on various aspects of the proposed agreement, including wages, hours of work, and other employment conditions.

The legal issues the court had to address included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of the "better off overall test" and whether it provided for minimum entitlements as per the relevant awards and national employment standards. Additionally, the court had to determine whether the agreement was fairly negotiated and if it complied with procedural fairness.

The Fair Work Commission, in its decision, found that the proposed agreement met the statutory requirements. The Commission considered that employees would be better off overall with the proposed agreement, as it provided for fair wages and conditions, including allowances and overtime rates, which were deemed adequate. The Commission also confirmed that the agreement was fairly negotiated and complied with procedural fairness. Consequently, the Commission approved the Australian Reinforcing Company (Queanbeyan) Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established