Rocla Limited T/A Civilmart / Rocla Summary

[2023] FWCA 1453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rocla Limited T/A Civilmart / Rocla

(AG2023/1262)

APPLICATION FOR APPROVAL OF THE CIVILMART ROCLA CAIRNS ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER DURHAM	BRISBANE, 19 MAY 2023

Application for approval of the Civilmart Rocla Cairns Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Civilmart Rocla Cairns Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rocla Limited trading as Civilmart / Rocla (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 26 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Civilmart Rocla Cairns Enterprise Agreement 2022. Rocla Limited, trading as Civilmart, sought approval of the agreement from the Fair Work Commission, under the Fair Work Act 2009. The agreement was to cover employees in the Queensland branch of Civilmart. The nature of the dispute involves the procedural fairness of the agreement, its compliance with the statutory requirements, and its overall fairness to the employees involved.

The primary legal issues before the Fair Work Commission were whether the agreement was appropriately negotiated and whether it complied with the statutory requirements set forth in the Fair Work Act. The Commission also considered whether the agreement met the "better off overall test" and whether it was procedurally fair. The issues involved examining the process by which the agreement was negotiated, whether it was done in good faith, and whether the agreement was consistent with relevant awards and the national employment standards.

The Fair Work Commission found that the agreement was appropriately negotiated and met all statutory requirements. It determined that the negotiation process was conducted in good faith, and the agreement was consistent with relevant awards and national employment standards. The Commission concluded that the agreement was procedurally fair and that it met the better off overall test. The Commission was satisfied that the agreement provided employees with appropriate protections and benefits, and it approved the Civilmart Rocla Cairns Enterprise Agreement 2022.

Rocla Limited T/A Civilmart / Rocla

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established