DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/3429)

ROKSET INDUSTRIES PTY. LTD. ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the Rokset Industries Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rokset Industries Pty. Ltd. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2017. The nominal expiry date of the Agreement is 3 March 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of National Union of Workers, the Fair Work Commission was tasked with approving the Rokset Industries Pty Ltd Enterprise Agreement 2017. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Union argued that the agreement did not comply with several provisions, including those relating to minimum wages and standard working hours.

The primary legal issues before the Commission were whether the enterprise agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant legislative provisions. Specifically, the Union contended that the agreement failed to meet the minimum wage rates and contained provisions that were contrary to the public interest. The Commission needed to determine if the agreement was genuinely negotiated and if it met the statutory criteria for approval.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement did not comply with the minimum wage provisions under the Fair Work Act. The Commission determined that the proposed wage rates were not fair and reasonable and did not meet the statutory thresholds. Additionally, the Commission held that certain provisions of the agreement were not genuinely negotiated and were therefore invalid. Consequently, the Commission refused to approve the enterprise agreement.

The Fair Work Commission ordered that the Rokset Industries Pty Ltd Enterprise Agreement 2017 be rejected, as it did not meet the statutory requirements for approval. The Commission directed the parties to negotiate a new agreement that complied with the Fair Work Act and its regulations. This decision underscores the importance of ensuring that enterprise agreements adhere to legislative standards to protect the rights and interests of employees.

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