DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2017/6588)

ROCLA PTY LTD - GAILES ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 11 APRIL 2018

Application for approval of the Rocla Pty Ltd - Gailes Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd - Gailes Enterprise Agreement 2017 (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 Pipeline Products. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2018. The nominal expiry date of the Agreement is 11 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd T/A Rocla Pipeline Products applied to the Fair Work Commission for approval of the Rocla Pty Ltd - Gailes Enterprise Agreement 2017. The agreement had been negotiated and entered into by the parties, and the Fair Work Commission was required to approve the agreement under section 234 of the Fair Work Act 2009. The dispute arose as Gailes, a union representing the employees of Rocla Pty Ltd, argued that the agreement did not meet the requirements of the Act and was not in the best interests of the employees.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the protection of employee’s rights and entitlements, and whether it was in the best interests of the employees. The court also had to consider whether the agreement was made in good faith and whether it provided for the proper regulation of terms and conditions of employment.

The Fair Work Commission found that the agreement met the criteria for approval under the Act. The court noted that the agreement provided for the protection of employee’s rights and entitlements, and was in their best interests. The court also found that the agreement was made in good faith and provided for the proper regulation of terms and conditions of employment. The court approved the agreement and made orders accordingly.

The court's approval of the agreement is significant for both the parties involved and for the broader industrial relations landscape. The decision highlights the importance of good faith bargaining and the need for enterprise agreements to meet the requirements of the Fair Work Act. The decision also provides guidance for future negotiations and agreements in the industry.

Rocla Pty Ltd T/A Rocla Pipeline Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established