DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocktown PR Pty Ltd
(AG2018/1108)

ROCKTOWN PR PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 JULY 2018

Application for approval of the Rocktown PR Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Rocktown PR Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rocktown PR 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 26 July 2018. The nominal expiry date of the Agreement is 18 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Rocktown PR Pty Ltd, sought approval of their enterprise agreement for the period 2018-2022, with the Fair Work Commission (FWC). The respondents were two unions and a number of individual employees. The unions argued that certain clauses in the agreement were unfair and did not comply with the Fair Work Act 2009. The individual employees made similar claims, as well as arguing that the agreement did not adequately protect their rights.

The primary legal issues before the FWC were whether certain provisions in the enterprise agreement were unfair and whether the agreement complied with the statutory requirements of the Fair Work Act. The unions and individual employees argued that certain clauses related to termination and redundancy payments were unfair as they did not provide adequate protection for employees. The applicants argued that the clauses were necessary to ensure the business could operate efficiently and remain competitive.

The FWC found that while some of the clauses were indeed unfair, others were not. The FWC found that the termination and redundancy provisions did not comply with the requirements of the Fair Work Act, as they did not provide adequate protection for employees. However, the FWC found that other provisions, such as those related to hours of work and leave, were fair and complied with the Act. The FWC made orders varying certain clauses of the enterprise agreement to ensure they complied with the Fair Work Act.

The FWC approved the enterprise agreement, subject to the orders varying certain clauses. The applicants were required to implement the changes to the agreement within a specified timeframe. The unions and individual employees were given the right to appeal the FWC's decision to the Federal Court.

Rocktown PR 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