Rocla Pty Ltd T/A Rocla Concrete Poles

[2020] FWCA 7022

[2020] FWCA 7022

FAIR WORK COMMISSION

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

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