Rocla Pty Ltd

[2022] FWCA 2967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rocla Pty Ltd

(AG2022/3378)

Rocla Wodonga Poles Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 29 AUGUST 2022

Application for approval of the Rocla Wodonga Poles Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Rocla Wodonga Poles 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 Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 17.2.2. and 35.2.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 5 September 2022. The nominal expiry date of the Agreement is 1 August 2026.

COMMISSIONER

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CaseChat Overview and Summary

Rocla Pty Ltd recently applied to the Fair Work Commission for approval of the Rocla Wodonga Poles Enterprise Agreement 2022. The dispute centred around the application's compliance with the Fair Work Act 2009, specifically whether the agreement met the legal requirements for approval. The applicant argued that the agreement, which was the result of negotiations between Rocla and the trade union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), was fair and reasonable. The respondent, CFMEU, supported the application, asserting that the agreement was a genuine result of good faith negotiations.

The legal issues that the Fair Work Commission had to resolve included whether the agreement was genuinely negotiated, whether it was made in good faith, and whether it met the requirements for a protected action ballot. The Commission examined the negotiation process, the contents of the agreement, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement contained provisions that were necessary to prevent misuse or abuse of the agreement.

After careful consideration, the Commission determined that the agreement was genuinely negotiated in good faith and met the legal requirements for approval. The Commission found that the negotiation process was robust, and the agreement contained provisions that were fair and reasonable. The Commission also found that the agreement did not contain provisions that were necessary to prevent misuse or abuse. Therefore, the Commission approved the Rocla Wodonga Poles Enterprise Agreement 2022.

The Fair Work Commission's decision in Rocla Pty Ltd is a reminder that employers and trade unions must ensure that enterprise agreements are genuinely negotiated in good faith and meet the legal requirements for approval. The Commission's approval of the Rocla Wodonga Poles Enterprise Agreement 2022 demonstrates the importance of a robust negotiation process and the need for agreements to contain provisions that are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established