DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd
(AG2019/3128)

ROCLA WODONGA POLES ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2019

Application for approval of the Rocla Wodonga Poles Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Wodonga Poles Enterprise Agreement 2019 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd applied to the Fair Work Commission for approval of the Rocla Wodonga Poles Enterprise Agreement 2019, which was negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union. The application was opposed by the Australian Manufacturing Workers' Union and the Rail, Tram and Bus Industry Union. The dispute centred on the terms of the agreement, particularly regarding the classification of employees and the potential impact on existing industrial instruments. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the proper classification of employees and did not discriminate against any particular group of employees.

The legal issues before the Commission included whether the agreement appropriately classified employees, whether it provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test." The Commission also had to consider whether the agreement was consistent with the objectives of the Fair Work Act and whether it would result in a worse-off position for any employee. Additionally, the Commission examined the impact of the agreement on existing industrial instruments and whether it would lead to inconsistencies or conflicts with other agreements.

In delivering its decision, the Fair Work Commission found that the agreement appropriately classified employees and provided for fair and reasonable terms and conditions. The Commission determined that the agreement passed the "better off overall test" and did not result in any employee being worse off. The Commission also concluded that the agreement was consistent with the objectives of the Fair Work Act and did not lead to inconsistencies or conflicts with other agreements. Based on these findings, the Commission approved the Rocla Wodonga Poles Enterprise Agreement 2019.

Rocla Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established