THE AUSTRALIAN REINFORCING COMPANY NORTH AND WEST QLD ENTERPRISE AGREEMENT 2025 TO 2028

Application for approval of The Australian Reinforcing Company North and West QLD Enterprise Agreement 2025 to 2028

[1] The Australian Steel Company (Operations) Pty Limited T/A The Australian Reinforcing Company (the Employer) has applied for approval of an enterprise agreement known as The Australian Reinforcing Company North and West QLD Enterprise Agreement 2025 to 2028 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers' Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I indicated to the Employer my view that the Agreement does not contain an effective flexibility term in accordance with s.202 of the Act, and that in the event of approval, the model flexibility term would be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 1 of the Fair Work (Model Terms) Determination 2025 is attached to the Agreement and taken to be a term of it.

[5] I indicated to the Employer my view that the Agreement's existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[6] The Agreement does not contain a workplace delegates' rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. 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 attached to the Agreement and taken to be a term of it.

[7] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[8] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

[9]

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2026. The nominal expiry date of the Agreement is 31 August 2028.

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