DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rock on Ground Pty Ltd
(AG2018/6604)

ROCK ON GROUND ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 APRIL 2019

Application for approval of the Rock On Ground Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rock On Ground Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rock on Ground Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Agreement was approved on 16 April 2019 and, in accordance with s.54, will operate from 23 April 2019. The nominal expiry date of the Agreement is 16 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rock on Ground Pty Ltd sought approval of the Rock On Ground Enterprise Agreement 2018. The applicant, a company involved in the road construction industry, argued that the agreement was fair and reasonable for its employees. The dispute centred around the terms and conditions outlined in the agreement, with the company asserting that the agreement was necessary for the business to remain competitive and viable.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable rate of pay, terms, and conditions for the employees covered by the agreement. The Commission also needed to assess if the agreement included provisions that ensured employees were not subjected to adverse action for exercising their rights under the Fair Work Act.

The Commission found that the agreement was fair and reasonable. It noted that the agreement provided for a competitive rate of pay and included provisions that protected employees from adverse action. The Commission also considered the submissions made by both the applicant and the employees, and concluded that the agreement met the legal requirements for approval. As a result, the Commission approved the agreement, subject to certain conditions.

The final orders of the Commission included the approval of the Rock On Ground Enterprise Agreement 2018, effective from 1 April 2018. The Commission also imposed conditions on the agreement, such as the requirement for the applicant to provide written confirmation to employees of their right to request a copy of the agreement. The applicant was also required to display a copy of the approved agreement in a prominent location at each of its workplaces.

Rock on Ground Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established