Rocla Pty Ltd Summary

[2022] FWCA 3982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rocla Pty Ltd

(AG2022/4434)

Rocla Pty Ltd Edinburgh North Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 NOVEMBER 2022

Application for approval of the Rocla Pty Ltd Edinburgh North Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Edinburgh North Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd applied for approval of the Rocla Pty Ltd Edinburgh North Enterprise Agreement 2022, which was submitted to the Fair Work Commission. The application was made under the Fair Work Act 2009. The agreement sought to regulate terms and conditions of employment for employees of Rocla Pty Ltd at their Edinburgh North site. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act.

The primary legal issues the Commission needed to decide were whether the agreement was a "single interest" enterprise agreement, whether the agreement was in the best interests of the employees it covered, and whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made fairly, without coercion, and if it was genuinely negotiated between the parties.

The Commission found that the agreement was a genuine single interest enterprise agreement. It considered the evidence provided by both parties and concluded that the agreement was made in good faith and without coercion. The Commission also determined that the agreement was in the best interests of the employees as it provided fair and reasonable terms of employment, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that all procedural requirements under the Fair Work Act had been met, including the provision of relevant information to the employees and the opportunity for the employees to be represented by a bargaining representative.

The Fair Work Commission approved the Rocla Pty Ltd Edinburgh North Enterprise Agreement 2022. The approval was made under the authority of the Fair Work Act 2009. The Commission noted that the agreement would commence on the first day of the month following the date of approval and would remain in force for a period of four years, subject to any earlier termination under the Act. The decision of the Commission was final and binding on all parties involved in the agreement.

Rocla Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established