Rocla Pty Limited T/A Rocla Pipeline Products

[2019] FWCA 5121

[2019] FWCA 5121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Limited T/A Rocla Pipeline Products
(AG2019/2197)

ROCLA KAURNA AVENUE EDINBURGH ENTERPRISEAGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 23 JULY 2019

Application for approval of the Rocla Kaurna Avenue Edinburgh Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Kaurna Avenue Edinburgh Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rocla Pty Limited T/A Rocla Pipeline Products. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 July 2019.

[3] On 9 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 9 July 2019. The undertaking deals with the following topics:

•  Part-time employees will be engaged for no less than a minimum of four hours.

•  Clause 27 of the Agreement is amended by adding the words:

“Casual employees will receive casual loading (as per clause 14.4.1) in addition to any loadings or penalties in this agreement.”

•  Clause 26.1.1 of the Agreement is amended as follows:

“Overtime is payable for all work done outside ordinary hours on any day or shift shall be paid at the rate of time and half for the first three hours and double time thereafter.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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