AUSTRALIAN REINFORCING COMPANY NSW ENTERPRISE AGREEMENT 2025 - 2029

Application for approval of The Australian Reinforcing Company NSW Enterprise Agreement 2025 - 2029

[1] The Australian Steel Company (Operations) Pty Ltd Trading as Arc / The Australian Reinforcing Company Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Australian Reinforcing Company NSW Enterprise Agreement 2025 - 2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Notice of Employee Representational Rights (NERR)

[3] The NERR was issued with the agreement titled "The Australian Reinforcing Company NSW Enterprise Agreement 2025." This is different to the title clause in the Agreement which is "The Australian Reinforcing Company NSW Enterprise Agreement 2025-2029."

[4] The NERR stated that the Agreement covers employees "under the scope and applications of the current Agreement [being the previous Agreement], and who are located at particular worksites." The previous Agreement appeared to contain different classifications than the proposed Agreement.

[5] The NERR issued to employees was the pre-reform version applicable to enterprise agreements with a notification time prior to 6 June 2023.

[6] The Employer provided submissions that the above matters constituted minor technical errors, and that the Agreement has been genuinely agreed to.

[7] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, that the Agreement has been genuinely agreed to under s.188(2) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[8] The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[9] The Agreement does not contain a delegates' rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

National Employment Standards (NES) Precedence Term

[10] Clause 21.5(k) provides that annual leave must be taken within two years of being accrued. Under s.88 of the Act, annual leave is to be taken 'for a period agreed between an employee and his or her employer' without the restriction to within two years.

[11] Clause 21.1(e) requires an employee (or their nominated person) to call the direct supervisor of the employee before the start of their shift or as soon as possible immediately thereafter and provide notice that the employee is unable to work, the reason the employee is unable to work, and how long the employee is likely to be away. This may be more restrictive than s.107 of the Act.

[12] Clause 21.1 (f) requires that an employee meet with their supervisor before resuming work with a leave application form and certificates pertaining to their absence. Further, clauses 21.1(l) and 21.1(m) require an employee to provide a medical certificate from a registered health practitioner, or at the company's discretion a statutory declaration for a single day's absence. These provisions together may be more restrictive than s.107(3) of the Act.

[13] Clause 21.1(p) provides for compassionate leave, however it appears silent on the entitlement to leave where the employee, their partner or spouse has a miscarriage or gives birth to a stillborn child.

[14] Clause 17(d) appears to provide that employees who are offered suitable alternative employment are not entitled to redundancy pay, without being subject to an application to the Commission under s.120 of the Act.

[15] Paragraphs [10]-[14] contain clauses which may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 5(a) of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

[16] The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[17] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

[18] The Australian Workers Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[19] In accordance with s.201(2), I note that the Agreement covers the AWU.

[20] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2025. The nominal expiry date of the Agreement is 31 August 2029.

[1] [2019] FWCFB 318.

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