DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocklea Pressed Metal Pty Ltd
(AG2019/849)

THE ROCKLEA PRESSED METAL PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 17 JULY 2019

Application for approval of the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rocklea Pressed Metal Pty Ltd 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 Rocklea Pressed Metal 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 10 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504498 PR710439>
Annexure A

CaseChat Overview and Summary

Rocklea Pressed Metal Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2018. The union representing the employees, the Manufacturing and Associated Workers and Building Workers Union, opposed the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009. The central issues before the Commission were whether the agreement provided for the proper protection of employee interests, particularly in terms of pay and conditions, and whether it contained sufficient mechanisms for dispute resolution.

The Commission began by examining the provisions of the agreement concerning pay and conditions. It noted that the agreement provided for a substantial increase in wages over a period of years and improvements to various conditions of employment. However, the union argued that the agreement did not sufficiently protect the interests of lower-paid employees and did not adequately address issues such as shift patterns and rostering practices. After considering the evidence and submissions from both parties, the Commission found that the agreement provided for the proper protection of employee interests, with particular regard to the provisions for wage increases and the establishment of a committee to address rostering issues. The Commission also found that the agreement contained adequate mechanisms for the resolution of disputes, including the establishment of a dispute resolution procedure and the option for employees to refer unresolved matters to the Fair Work Commission.

Having considered the arguments and evidence, the Commission determined that the agreement met the requirements of the Fair Work Act and approved it. The union's application for objections was dismissed. In its reasons for decision, the Commission emphasised the importance of enterprise agreements in providing for the proper protection of employee interests and the need for agreements to be fair and reasonable in all circumstances. The Commission also noted the importance of effective dispute resolution mechanisms in promoting harmonious workplace relations. The agreement was approved subject to certain conditions, including the requirement that the employer provide the union with certain information and that the agreement be registered with the Fair Work Commission.

Rocklea Pressed Metal 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