Rocktown Pty Ltd Summary

[2014] FWCA 1270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rocktown Pty Ltd
(AG2014/120)

ROCKTOWN PTY. LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Rocktown Pty. Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Rocktown Pty. Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rocktown Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

Rocktown Pty Ltd was the subject of an application before the Fair Work Commission for approval of an enterprise agreement. The applicant, Rocktown, sought to have the Rocktown Pty Ltd Enterprise Agreement 2014 - 2018 ratified. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for registration. Specifically, the Commission needed to determine if the agreement met the criteria for "registerable" agreements, which include that the agreement must not contain any provisions that are contrary to public policy or that contravene any provision of the Fair Work Act or any other Act or regulation. Another issue was whether the agreement had been made in good faith and whether it had been properly negotiated.

The Commission found that the enterprise agreement did not contravene any provisions of the Fair Work Act or other relevant legislation and that it was made in good faith. The Commission also found that the agreement had been properly negotiated. The Commission noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act, including provisions for minimum wages, penalty rates, and other employment conditions. The Commission concluded that the agreement met the requirements for registration.

The Fair Work Commission approved the Rocktown Pty Ltd Enterprise Agreement 2014 - 2018, finding it met the statutory requirements for registration. The Commission determined that the agreement was a "registerable" agreement under the Fair Work Act and that it did not contravene any relevant legislation. The Commission also found that the agreement had been made in good faith and properly negotiated.

Rocktown Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established