DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2017/2848)

ROCLA PTY LTD - EMU PLAINS AGREEMENT 2016 - 2019

Cement and concrete products
COMMISSIONER MCKENNA	SYDNEY, 18 JULY 2017

Application for approval of the Rocla Pty Ltd - Emu Plains Agreement 2016 - 2019.

[1] An application has been made for the approval of a variation of the Rocla Pty Ltd - Emu Plains Agreement 2016 - 2019 (“the Agreement”). The application has been made pursuant to s.210 of the Fair Work Act 2009 (“the Act”) by Rocla Pty Ltd T/A Rocla Pipeline Products.

[2] The variation can be found at Annexure A of this decision.

[3] I am satisfied the relevant requirements of s.210 and s.211 of the Act concerning this application for approval have been met.

[4] The application for the variation of the Agreement is approved and the variation will operate from 17 July 2017, to coincide with the pay cycle.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

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 (FWC) for approval of the Rocla Pty Ltd - Emu Plains Agreement 2016 - 2019. The application was made by the applicant under section 233 of the Fair Work Act 2009. The applicant submitted that the agreement contained terms and conditions that were no worse off and better off (NWOB) compared to the relevant award. The applicant also submitted that the agreement would have a positive effect on industrial relations in the industry. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which submitted that the agreement did not meet the NWOB test and that it would have a negative effect on industrial relations in the industry.

The FWC was required to determine whether the agreement met the NWOB test and whether it would have a positive effect on industrial relations in the industry. The FWC noted that the agreement contained terms and conditions that were no worse off than the relevant award. However, the FWC also noted that the agreement contained terms and conditions that were better off than the relevant award. The FWC found that the agreement met the NWOB test because the better off terms and conditions were not significant enough to outweigh the no worse off terms and conditions. The FWC also found that the agreement would have a positive effect on industrial relations in the industry because it would promote productivity and efficiency.

The FWC approved the Rocla Pty Ltd - Emu Plains Agreement 2016 - 2019 on the basis that it met the NWOB test and would have a positive effect on industrial relations in the industry. The CFMEU was given leave to appeal the decision to the Federal Court. The CFMEU did not lodge an appeal within the relevant time period. The applicant was given leave to apply for a declaration that the CFMEU's appeal had lapsed. The FWC made the declaration on the basis that the CFMEU's appeal had indeed lapsed. The CFMEU was given leave to appeal the declaration to the Federal Court. The CFMEU did not lodge an appeal within the relevant time period. The applicant was given leave to apply for an order that the CFMEU's appeal had lapsed and that the approval of the agreement was now final and binding. The FWC made the order on the basis that the CFMEU's appeal had indeed lapsed and that the approval of the agreement was now final and binding.

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