DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocklea Pressed Metal Pty Ltd t/a Rockpress
(AG2016/2373)

ROCKLEA PRESSED METAL PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2016

Application for approval of the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2015 (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 t/a Rockpress. The Agreement is a single enterprise agreement.

[2] The Applicant 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 30 March 2016. The nominal expiry date of the Agreement is 10 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocklea Pressed Metal Pty Ltd, trading as Rockpress, sought approval of the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2015 in the Fair Work Commission. The respondents to the application included various unions representing employees of Rockpress. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement and their compliance with the Fair Work Act 2009. The court had to determine whether the agreement met the statutory requirements for approval, including provisions regarding employee entitlements, dispute resolution, and procedural fairness.

The legal issues before the court encompassed the validity of the proposed agreement's provisions, including whether they adhered to the procedural and substantive requirements set out in the Fair Work Act. Specific focus was placed on whether the agreement provided adequate protections and benefits to employees, and if the process of negotiation and consultation was conducted fairly and in good faith. The court also considered whether the agreement included appropriate mechanisms for resolving disputes and if it complied with the statutory requirement for ensuring the best interests of the employees were considered.

In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement largely met the statutory criteria for approval. The court noted that the agreement included provisions for adequate employee entitlements, clear dispute resolution mechanisms, and evidence of fair negotiation practices. The Commission highlighted that while some minor amendments were necessary to ensure full compliance with the Act, these could be addressed through further negotiations between the parties involved. Consequently, the application for approval of the enterprise agreement was granted subject to the specified modifications. The court mandated that the parties engage in further discussions to refine the agreement before finalising it.

Rocklea Pressed Metal Pty Ltd t/a Rockpress

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established