ARC/AUSTRALIAN REINFORCING COMPANY HEMMANT ENTERPRISE AGREEMENT 2025 TO 2029

Application for approval of the ARC/Australian Reinforcing Company Hemmant Enterprise Agreement 2025 to 2029

[1] An application has been made for approval of an enterprise agreement known as the ARC/Australian Reinforcing Company Hemmant Enterprise Agreement 2025 to 2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Steel Company (Operations) Pty Limited trading As ARC/The Australian Reinforcing Company (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement

[5] Noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[7] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

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