DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocktown PR Pty Ltd T/A Rocktown
(AG2021/6555)

ROCKTOWN PR PTY LTD, AWU POLO FLAT PRECAST SEGMENT FACTORY GREENFIELD AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 19 AUGUST 2021

Application for approval of the Rocktown PR Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021-2025.

[1] NL Consulting Services Pty Ltd T/A Workplace Solutions has made an application for the approval of the Rocktown PR Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021-2025 (the Agreement) on behalf of Rocktown PR Pty Ltd T/A Rocktown (the Employer). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that Clauses 7.1(a), Clause 7.1(c) – Annual Leave and Clause 7.8(f) – Public Holidays are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application for the approval of a collective agreement between Rocktown PR Pty Ltd, trading as Rocktown, and the Australian Workers' Union (AWU). The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, specifically for the Polo Flat Precast Segment Factory in Greenfield. The application was heard in the Fair Work Commission, the Australian industrial relations tribunal.

The legal issues that the court was required to decide included whether the collective agreement complied with the provisions of the Fair Work Act 2009, whether the agreement was made in good faith, and whether it met the requirements for being a "low paid" agreement. Furthermore, the court needed to assess whether the agreement provided fair and reasonable terms and conditions for the employees, including matters such as wages, hours of work, and other employment conditions. The court was also tasked with determining whether the agreement adequately balanced the interests of the employer and the employees.

The court thoroughly examined the terms of the agreement, considering the submissions from both parties. It found that the agreement contained provisions that were consistent with the legislative requirements and were made in good faith. The court concluded that the agreement met the criteria for a "low paid" agreement and provided fair and reasonable terms and conditions for the employees. It found that the agreement balanced the interests of both the employer and the employees appropriately. Consequently, the court approved the application for the agreement.

The court's final order was the approval of the Rocktown PR Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021-2025, effective from the date of the decision. This decision was made in accordance with section 178 of the Fair Work Act 2009, which allows the Fair Work Commission to approve a new agreement if it is satisfied that the agreement meets the necessary criteria.

Rocktown PR Pty Ltd T/A Rocktown

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established