DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2017/2668)

ROCLA KAURNA AVENUE EDINBURGH COLLECTIVE AGREEMENT 2017 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2017

Application for approval of the Rocla Kaurna Avenue Edinburgh Collective Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Kaurna Avenue Edinburgh Collective Agreement 2017 - 2019 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 July 2017 and, in accordance with s.54, will operate from 4 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, applied to the Fair Work Commission for approval of the Rocla Kaurna Avenue Edinburgh Collective Agreement 2017-2019. The application was made in the context of an enterprise agreement, and the dispute centered around the terms and conditions of employment for the employees working at the Kaurna Avenue Edinburgh site. The matter was heard in the Fair Work Commission, which has jurisdiction over employment matters and collective bargaining in Australia.

The primary legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion. The court had to determine if the agreement met the criteria for "registered" status, including whether it provided for proper dispute resolution mechanisms and if it was made without undue influence or pressure on the part of the employer. Additionally, the court considered whether the agreement was in the best interests of the employees.

In reaching its decision, the Fair Work Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the employer and the employees. The Commission also evaluated the substantive provisions of the agreement to ensure they were fair and reasonable. After considering the evidence and arguments presented, the Commission found that the agreement was made in good faith and without coercion, and it met the statutory requirements for registration. The Commission approved the agreement, highlighting the importance of fair and transparent collective bargaining processes.

The Fair Work Commission's final orders included the registration of the Rocla Kaurna Avenue Edinburgh Collective Agreement 2017-2019, effective from the date of the decision. The agreement was to govern the terms and conditions of employment for the employees at the Kaurna Avenue Edinburgh site for the specified period. The decision underscored the importance of ensuring that collective agreements are made through a process of genuine and fair bargaining and that they adequately protect the rights and interests of both employers and employees.

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