Rocla Pty Ltd Summary

[2022] FWCA 1472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rocla Pty Ltd

(AG2022/1071)

Rocla Pty Ltd Grafton Enterprise Agreement 2021

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 MAY 2022

Application for approval of the Rocla Pty Ltd Grafton Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Grafton Enterprise Agreement 2021 (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 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 May 2022. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application for the approval of the Rocla Pty Ltd Grafton Enterprise Agreement 2021. The application was brought by Rocla Pty Ltd, a mining company, and opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed enterprise agreement, particularly those relating to employment conditions, wages, and other employment benefits. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement contained all the required terms, including the mandatory terms set out in section 235 of the Fair Work Act. The FWC also had to consider whether the agreement was free from any prohibited content, such as terms that were contrary to public policy. Additionally, the FWC needed to assess whether the agreement had been made in accordance with the procedural requirements outlined in the Act, specifically whether it had been made in good faith and without coercion.

In examining these issues, the FWC found that the Rocla Pty Ltd Grafton Enterprise Agreement 2021 was in compliance with the mandatory terms of the Fair Work Act. The agreement was deemed to be free from any prohibited content and had been made in good faith and without coercion. The FWC concluded that the agreement met all the criteria for approval and granted the application for its approval. The FWC's decision was based on a comprehensive review of the evidence presented and a careful consideration of the legal framework governing enterprise agreements.

The FWC approved the Rocla Pty Ltd Grafton Enterprise Agreement 2021, effective from 1 July 2021. The agreement now binds all employees covered by the agreement, including those who had not explicitly agreed to the terms but were covered by the agreement's provisions. The approval of the agreement ensures that the employment conditions and benefits outlined in the agreement are legally enforceable and provide a stable framework for the ongoing relationship between Rocla Pty Ltd and its employees.

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