Rock On Ground Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rock On Ground Pty Ltd sought approval for the Rock on Ground Enterprise Agreement 2024 in the Fair Work Commission. The applicant, a construction company, entered into an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was intended to govern the terms and conditions of employment for the company's employees. The CFMEU did not oppose the application but raised concerns about certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the statutory requirements for approval. This involved assessing whether the agreement was fairly negotiated, included appropriate dispute resolution mechanisms, and did not adversely affect employees' general conditions of employment. The Commission also considered the CFMEU's concerns regarding specific provisions of the agreement, such as pay rates and working hours, to determine if they complied with the relevant legislative standards.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and contained appropriate dispute resolution mechanisms. The Commission concluded that the provisions in question, including pay rates and working hours, were consistent with the general conditions of employment and did not unfairly disadvantage employees. The Commission noted the CFMEU's lack of opposition and the absence of any substantive objections to the agreement's terms. As a result, the Fair Work Commission approved the Rock on Ground Enterprise Agreement 2024.

The Fair Work Commission approved the Rock on Ground Enterprise Agreement 2024, effective from the date of the decision. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that it would apply to all employees of Rock On Ground Pty Ltd covered by the agreement. The decision confirmed that the agreement complied with the statutory requirements for approval and provided a fair framework for the terms and conditions of employment within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established