DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Concrete Poles
(AG2020/3748)

ROCLA ROCKHAMPTON POLES ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2020

Application for approval of the Rocla Rockhampton Poles Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Rockhampton Poles Enterprise Agreement 2020 (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 T/A Rocla Concrete Poles. 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] I note that Clauses 5.1(b), 12.9.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 22 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Concrete Poles, sought approval of the Rocla Rockhampton Poles Enterprise Agreement 2020. The applicant sought to implement the agreement through the Fair Work Commission, which was challenged by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case was heard in the Federal Court of Australia.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The CFMEU argued that the agreement did not meet the requirements of the Act, particularly in relation to the process by which it was negotiated and the extent to which it provided for the protection of employees' rights.

The court found that the agreement met the requirements of the Act and was made in good faith and without coercion. The court noted that the negotiation process was transparent and that the agreement provided for the protection of employees' rights, including the right to be protected from adverse action for asserting their rights under the agreement. The court also found that the agreement was not inconsistent with any relevant laws and that it provided for the fair and reasonable resolution of any disputes that may arise under it.

The court approved the agreement, subject to certain modifications. These modifications related to the procedures for resolving disputes under the agreement and the process for making variations to the agreement in the future. The court's approval of the agreement means that it can now be implemented and will apply to the employees covered by it.

Rocla Pty Ltd T/A Rocla Concrete Poles

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established