Rocla Pty Ltd

[2014] FWCA 2207

FAIR WORK COMMISSION

DECISION

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

Rocla Pty Ltd
(AG2014/369)

ROCLA PTY LTD - CAIRNS COLLECTIVE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 3 APRIL 2014

Application for approval of the Rocla Pty Ltd - Cairns Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd - Cairns Collective Agreement 2013 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Fair Work Commission received correspondence dated 19 March 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Area Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 14 November 2016.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Rocla Pty Ltd sought approval for the Rocla Pty Ltd - Cairns Collective Agreement 2013 in the Fair Work Commission. The agreement aimed to govern the terms and conditions of employment for employees in the Cairns region. The dispute arose from the process and content of the agreement, with certain employee representatives contesting the approval. The court was tasked with determining whether the agreement met the statutory requirements for approval and if it was fair and reasonable.

The primary legal issue was whether the agreement complied with the Fair Work Act 2009, particularly concerning the procedural fairness in its creation and whether it contained terms that were fair and reasonable. The court needed to assess the process by which the agreement was made and the content of the agreement to ensure it met the criteria for approval under the Act.

The Fair Work Commission found that the agreement had been made following a fair process, with adequate representation and consultation of the employees. The content of the agreement was also examined, and the Commission determined that the terms were fair and reasonable, providing appropriate protections and benefits to the employees. The court concluded that the agreement met all necessary statutory requirements and approved the Rocla Pty Ltd - Cairns Collective Agreement 2013.

The final orders of the court were to approve the agreement, ensuring that it would govern the employment terms of the employees in the Cairns region. The Commission emphasised the importance of fair processes and reasonable terms in collective agreements to maintain industrial harmony and protect the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established