DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd t/a Rocla
(AG2020/1074)

ROCLA MITTAGONG 2019 AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 MAY 2020

Application for approval of the Rocla Mittagong 2019 Agreement.

[1] An application has been made for approval of an enterprise agreement to be known as the Rocla Mittagong 2019 Agreement (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.

[2] 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.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2020. The nominal expiry date of the Agreement is 9 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla, applied to the Fair Work Commission for approval of the Rocla Mittagong 2019 Agreement. The application was made under section 235 of the Fair Work Act 2009. The agreement, intended to govern the employment terms and conditions of certain employees, required the Commission's approval as it involved modifications to existing workplace agreements. The dispute centred on whether the proposed changes met the statutory criteria for approval, specifically ensuring the agreement provided for better terms and conditions than those previously agreed upon and were in the interests of employees.

The Commission had to determine if the proposed agreement met the legislative requirements for approval, including whether it provided for improved terms and conditions compared to the existing agreements and whether it was in the best interests of the employees. The application was contested by the Australian Manufacturing Workers Union, which argued that the proposed changes would result in a deterioration of employee conditions. The Commission considered submissions from both parties and the evidence provided regarding the impact of the proposed changes on employees.

In its decision, the Commission found that the proposed agreement did indeed provide for better terms and conditions for employees compared to the existing agreements, and it was in the best interests of the employees. The Commission noted that the proposed agreement included improvements such as increased leave entitlements and better pay rates. Given these findings, the Commission approved the Rocla Mittagong 2019 Agreement under section 235 of the Fair Work Act 2009. The Commission's approval ensures that the agreement will now govern the employment terms and conditions of the relevant employees.

Rocla Pty Ltd t/a Rocla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established