Rocla Pty Ltd

[2023] FWCA 1117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rocla Pty Ltd

(AG2023/973)

ROCLA ROCKHAMPTON POLES ENTERPRISE AGREEMENT 2022

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 APRIL 2023

Application for approval of the Rocla Rockhampton Poles Enterprise Agreement 2022

Rocla Pty Ltd has made an application for approval of an enterprise agreement known as the Rocla Rockhampton Poles Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the AWU.

The Agreement was approved on 19 April 2023 and, in accordance with s 54, it will operate from 26 April 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Rocla Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Rocla Rockhampton Poles Enterprise Agreement 2022. The dispute involved the terms of the proposed agreement, which was intended to govern the employment conditions of workers at Rocla's Rockhampton poles manufacturing facility. The legal issues before the Commission included whether the agreement provided for a fair and reasonable enterprise-wide bargaining outcome, met the requirements of the Fair Work Act, and addressed the needs and interests of both employees and the employer. Additionally, the Commission had to determine if the agreement was consistent with the principles of good faith bargaining and whether it contained provisions that were procedurally and substantively fair.

In addressing these issues, the Commission considered various factors, including the bargaining process, the content of the agreement, and the impact of the agreement on the parties. The Commission examined whether the agreement was the product of genuine and voluntary negotiations between the parties, whether it provided for a fair and reasonable outcome, and whether it complied with the requirements of the Fair Work Act. The Commission also assessed the fairness of the terms and conditions, including wages, hours of work, and other employment conditions, in light of the economic and operational context of the enterprise.

The Commission found that the proposed agreement was the result of genuine and voluntary negotiations and provided a fair and reasonable outcome for both employees and the employer. The agreement was consistent with the principles of good faith bargaining and contained provisions that were procedurally and substantively fair. The Commission approved the Rocla Rockhampton Poles Enterprise Agreement 2022, determining that it met the requirements of the Fair Work Act and provided for a fair and reasonable enterprise-wide bargaining outcome. The decision was based on the comprehensive assessment of the bargaining process, the content of the agreement, and its impact on the parties.

The final orders included the approval of the Rocla Rockhampton Poles Enterprise Agreement 2022, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement and was to be registered by the Fair Work Commission. The parties were required to comply with the terms and conditions of the agreement, and any disputes arising under the agreement were to be referred to the Fair Work Commission for resolution. The decision provided certainty and stability for both employees and the employer, ensuring that the agreement would govern their employment relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established