DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd
(AG2015/5832)

ROCLA GRAFTON COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 29 OCTOBER 2015

Application for approval of the Rocla Grafton Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Grafton Collective Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2015. The nominal expiry date of the Agreement is 1 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd, the respondent, applied for approval of the Rocla Grafton Collective Agreement 2015, which was lodged with the Fair Work Commission. The applicant, the Australian Manufacturing Workers' Union, objected to the approval of the agreement. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the agreement was in the best interests of the employees, as required by section 233 of the Fair Work Act 2009. The applicant argued that the agreement was not in the best interests of the employees because it did not adequately protect their rights and entitlements. The respondent contended that the agreement was fair and reasonable and represented the best interests of the employees.

The court found that the agreement was in the best interests of the employees. The court noted that the agreement provided for a range of protections and benefits for employees, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement had been negotiated in good faith and that the employees had been adequately informed of the terms of the agreement. The court concluded that the agreement met the requirements of section 233 of the Fair Work Act 2009 and approved the agreement.

The court ordered that the Rocla Grafton Collective Agreement 2015 be approved and registered with the Fair Work Commission. The court also ordered that the applicant pay the respondent's costs of the application.

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