DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rocla Pty Ltd
(AG2015/2304)

ROCLA MITTAGONG COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 15 MAY 2015

Application for approval of the Rocla Mittagong Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Mittagong Collective Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 14 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd was the applicant before the Fair Work Commission in this matter, seeking approval of the Rocla Mittagong Collective Agreement 2014. The dispute arose from negotiations between Rocla and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms of employment for certain workers. The case was heard by Deputy President J. M. Gilmour.

The primary legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was "registered" or "modern" and if it complied with the "better off overall test". The court also had to consider whether the agreement was made in good faith and if it included appropriate dispute resolution mechanisms.

The court found that the agreement was a "modern" agreement and not a "registered" agreement as it did not meet the criteria under section 171 of the Act. The court further determined that the agreement was made in good faith and that it complied with the better off overall test. The agreement included appropriate dispute resolution mechanisms, which the court found to be satisfactory. Based on these findings, the court approved the Rocla Mittagong Collective Agreement 2014.

The court ordered that the agreement be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the approval and would remain in force until superseded by a new agreement or terminated in accordance with the Act.

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