DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SSX Services Pty Ltd T/A The Australian Reinforcing Company
(AG2014/10181)

AUSTRALIAN REINFORCING COMPANY (NEWCASTLE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 DECEMBER 2014

Application for approval of the Australian Reinforcing Company (Newcastle) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company (Newcastle) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 30 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SSX Services Pty Ltd, trading as The Australian Reinforcing Company, applied for approval of the Australian Reinforcing Company (Newcastle) Enterprise Agreement 2014. The application was brought before the Fair Work Commission in Sydney. The dispute centred around whether the terms of the enterprise agreement were fair and reasonable, and whether they complied with the Fair Work Act 2009.

The primary legal issue for the Commission to determine was whether the enterprise agreement met the criteria for approval under section 232 of the Act. This required an assessment of the agreement's fairness and reasonableness in terms of its provisions, the process through which it was negotiated, and its compliance with the Act's broader objectives. The Commission also had to consider if the agreement appropriately balanced the interests of both employers and employees.

After thorough examination, the Commission found that the enterprise agreement was fair and reasonable. The agreement was negotiated in good faith and was deemed to appropriately balance the interests of both parties. The Commission approved the agreement, noting that it complied with all relevant provisions of the Act. The decision emphasised the importance of fair bargaining processes and the need for agreements to reflect a balance of interests.

The Fair Work Commission approved the Australian Reinforcing Company (Newcastle) Enterprise Agreement 2014, affirming its fairness and compliance with the Fair Work Act 2009. This decision recognised the balanced nature of the agreement and the good faith negotiation process.

SSX Services Pty Ltd T/A 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