Rocktown Pty Ltd

Case [2018] FWCA 4176


[2018] FWCA 4176
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Rocktown Pty Ltd
(AG2018/1114)

ROCKTOWN PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 16 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Rocktown 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 Pty Ltd. 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 23 July 2018. The nominal expiry date of the Agreement is 15 July 2022.

COMMISSIONER

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Annexure A

Details
AGLC
Rocktown Pty Ltd [2018] FWCA 4176
Case
[2018] FWCA 4176
Decision Date

CaseChat Overview and Summary

Rocktown Pty Ltd sought approval of an enterprise agreement between the company and its employees. The application was brought before the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for the protection of employees' rights, including minimum wages, leave entitlements, and dispute resolution mechanisms.

The Commission examined the provisions of the proposed agreement against the statutory framework provided by the Act. It found that the agreement met the necessary standards for fair and equitable treatment of employees. The agreement specified minimum wage rates and conditions that were consistent with the applicable awards and national minimum standards. It also included provisions for leave entitlements and a clear process for resolving disputes. The Commission was satisfied that the agreement did not disadvantage employees and provided adequate protections in line with the legislative intent.

In light of its findings, the Fair Work Commission approved the enterprise agreement. The approval was based on the conclusion that the agreement was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. The decision was communicated to the parties, and the agreement came into effect as approved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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