DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd
(AG2018/1776)

ROCLA ROCKHAMPTON POLES ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Rocla Rockhampton Poles Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Rockhampton Poles Enterprise Agreement 2018 (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.

[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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd recently faced a legal challenge in the Fair Work Commission regarding the approval of the Rocla Rockhampton Poles Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for employees of Rocla at the Rockhampton poles manufacturing facility. The matter was brought before the Commission by the Australian Manufacturing Workers' Union, which represented the employees, who sought to have certain aspects of the agreement reviewed and potentially disallowed.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Union argued that certain provisions of the agreement, particularly those relating to pay rates, shift allowances, and overtime, did not meet the 'better off overall test' and thus should not be approved. The Commission had to determine whether the proposed terms were fair and reasonable and whether they provided employees with an overall improvement in their conditions of employment.

In delivering its decision, the Commission carefully considered the evidence and submissions presented by both parties. The Commission found that the proposed agreement provided for a fair and reasonable outcome for the employees, meeting the 'better off overall test'. It noted that the agreement included improvements in certain areas, such as shift differentials and shift allowances, which were sufficient to outweigh any potential disadvantages. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The final orders of the Commission were that the Rocla Rockhampton Poles Enterprise Agreement 2018 be approved as a certified agreement under the Fair Work Act 2009. This decision means that the terms and conditions set out in the agreement will now apply to the employees of Rocla at the Rockhampton facility.

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