DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/5321)

ROKSET INDUSTRIES PTY. LTD. ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Rokset Industries Pty. Ltd. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rokset Industries Pty. Ltd. Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[6] The Agreement was approved on 4 November 2015 and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date of the Agreement is 4 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for approval of the Rokset Industries Pty. Ltd. Enterprise Agreement 2015. Rokset Industries Pty. Ltd. is an employer and the National Union of Workers is an employee representative organisation. The dispute centres on whether the terms and conditions of the enterprise agreement comply with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for registration, including that it provides for fair and reasonable terms and conditions of employment, and that it was made in good faith and without coercion.

The primary legal issue was whether the agreement provided for the fair and reasonable terms and conditions of employment as required by section 235 of the Fair Work Act. The Commission examined whether the agreement adequately covered minimum entitlements such as wages, hours of work, leave, and other benefits. The second issue was whether the agreement was made in good faith and without coercion, as required by section 231 of the Fair Work Act. The Commission considered whether the negotiation process was conducted appropriately and whether there was any evidence of coercion or undue influence.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment, as it contained provisions that met the minimum entitlements stipulated by the Act. The Commission also determined that the agreement was made in good faith and without coercion, based on the evidence presented regarding the negotiation process. The Commission noted that there was no evidence of coercion or undue influence in the formation of the agreement. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Rokset Industries Pty. Ltd. Enterprise Agreement 2015, finding it to be fair and reasonable and made in good faith without coercion. The agreement is now registered and legally binding on the parties.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established