Rocklea Pressed Metal Pty Ltd

[2024] FWCA 4312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rocklea Pressed Metal Pty Ltd

(AG2024/4318)

ROCKLEA PRESSED METAL PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 DECEMBER 2024

Application for approval of the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rocklea Pressed Metal Pty Ltd T/A Rockpress (the Applicant). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 19.2 – Deduction/Withholding of monies on Termination
· Clause 23 – Abandonment of Employment.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from 11 December 2024. The nominal expiry date of the Agreement is 10 October 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rocklea Pressed Metal Pty Ltd applied for the approval of the Enterprise Agreement 2024, which had been negotiated between the company and its employees. The primary dispute centred on the fairness and validity of the proposed terms and conditions outlined in the agreement, which both parties had agreed upon. The Commission was required to assess whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was genuinely bargained, free from coercion or duress, and whether it provided adequate protections for the employees. The Commission also needed to determine if the agreement complied with the relevant minimum standards set out in the National Employment Standards and other applicable awards and agreements. Additionally, the fairness of the agreement in terms of its provisions and its effect on the employees had to be evaluated.

The Commission found that the agreement was genuinely negotiated and free from any undue influence. It concluded that the terms of the agreement were fair and reasonable, providing adequate protections for the employees. The agreement was found to comply with the minimum standards and did not unfairly disadvantage any party. Consequently, the Commission approved the Enterprise Agreement 2024, and it was registered accordingly. The approval of the agreement was made effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established