SSX Services Pty Ltd T/A The Australian Reinforcing Company

[2014] FWCA 2199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Ltd T/A The Australian Reinforcing Company
(AG2014/477)

AUSTRALIAN REINFORCING COMPANY PINKENBA ENTERPRISE AGREEMENT 2014 TO 2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the Australian Reinforcing Company Pinkenba Enterprise Agreement 2014 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company Pinkenba Enterprise Agreement 2014 to 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by SSX Services Pty t/a The Australian Reinforcing Company. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 1 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, SSX Services Pty Ltd trading as The Australian Reinforcing Company, sought approval of the Australian Reinforcing Company Pinkenba Enterprise Agreement 2014 to 2017. The application was made to the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The applicants sought the approval of the agreement which contained terms and conditions for employees who are covered by the agreement. The nature of the dispute centred around the fairness and appropriateness of the agreement's terms and conditions in accordance with the legislative framework.

The legal issues before the court included whether the agreement met the requirements for being deemed a "low-paid industry agreement" under section 232 of the Fair Work Act, and whether the agreement was procedurally fair and met the good faith bargaining test as required by section 230 of the Act. The court also needed to determine if the agreement provided appropriate protections for employees and whether the agreement was in the best interests of the employees and the broader community. The applicants argued that the agreement was fair and appropriate, while some employee representatives contested certain provisions.

The Fair Work Commission found that the agreement did not meet the criteria for being classified as a low-paid industry agreement, but did meet the other requirements of the Act. The court considered the provisions of the agreement, the bargaining process, and the interests of the employees. The Commission found that the agreement was procedurally fair, met the good faith bargaining test, and provided appropriate protections for employees. The court also noted the importance of the agreement in providing stability and certainty for both the applicants and the employees. The Commission ultimately approved the Australian Reinforcing Company Pinkenba Enterprise Agreement 2014 to 2017, finding that it was in the best interests of the employees and the broader community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established