Rocla Pty Ltd T/A Civilmart Rocla

[2023] FWCA 1583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rocla Pty Ltd T/A Civilmart Rocla

(AG2023/1396)

ROCLA MITTAGONG ENTERPRISE AGREEMENT 2023

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 JUNE 2023

Application for approval of the Rocla Mittagong Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Rocla Mittagong Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Rocla Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 29 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Concrete Products Award 2020 and Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2023. The nominal expiry date of the Agreement is 9 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Civilmart Rocla, applied to the Fair Work Commission (FWC) for approval of the Rocla Mittagong Enterprise Agreement 2023. The agreement was the outcome of negotiations between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU sought to have the agreement approved under the Fair Work Act 2009 (FW Act). The primary issue was whether the agreement complied with the requirements of the FW Act and whether it was fairly negotiated.

The FWC considered whether the agreement met the criteria for approval under section 231 of the FW Act, which includes that the agreement must be in writing, be negotiated in good faith, and cover the prescribed terms. The FWC examined the process of negotiation, the content of the agreement, and whether it provided for a fair and efficient workplace. The FWC also considered the balance of rights and obligations, ensuring that the agreement did not adversely affect the employees' job security or working conditions.

The FWC found that the agreement was fairly negotiated and contained provisions that were fair and efficient. The FWC noted the extensive negotiation process, which included multiple meetings and submissions from both parties. The FWC also found that the agreement included provisions for job security, wages, and other employment conditions that were reasonable and balanced. The FWC was satisfied that the agreement met the criteria for approval under the FW Act. Consequently, the FWC approved the Rocla Mittagong Enterprise Agreement 2023.

The FWC approved the agreement, and the employer and union were bound by its terms. The FWC's decision was final and not subject to appeal, barring any jurisdictional errors or breaches of natural justice. The approval of the agreement meant that it would govern the employment conditions of the employees covered by the agreement, ensuring a stable and productive workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established