Rock On Ground Pty Ltd
[2024] FWCA 2805
•30 JULY 2024
| [2024] FWCA 2805 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rock On Ground Pty Ltd
(AG2024/2092)
ROCK ON GROUND ENTERPRISE AGREEMENT 2024
| Mining industry | |
| COMMISSIONER MATHESON | SYDNEY, 30 JULY 2024 |
Application for approval of the Rock on Ground Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Rock on Ground Enterprise Agreement 2024 (Agreement). The application was made by Rock on Ground Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
The roster patterns to be worked by employees are as set out in the Undertakings and I am satisfied that these patterns of work are the only reasonably foreseeable patterns of work for full time employees covered by the Agreement. The Applicant has provided modelling in relation to these roster patterns for the purposes of determining whether the Agreement passes the better off overall test and the Agreement has been assessed on the basis that employees will work in accordance with one of the reasonably foreseeable roster patterns as set out in the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 30 July 2028.
COMMISSIONER
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Annexure A
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