DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2017/1672)

ROCLA PTY LTD MITTAGONG ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Mittagong 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/As 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union 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 was approved on 30 May 2017 and, in accordance with s.54, will operate from 6 June 2017. The nominal expiry date of the Agreement is 14 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, applied for the approval of the Rocla Pty Ltd Mittagong Enterprise Agreement 2017 before the Fair Work Commission. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about certain provisions of the agreement, particularly those concerning the classification of employees and the payment of allowances.

The legal issues before the Commission were whether the provisions of the agreement were fair and reasonable, in compliance with the Fair Work Act 2009. The focus was on the classification of employees under the agreement and the terms concerning allowances, as well as the broader fairness of the agreement in light of the employees' rights and protections under the Act.

The Commission found that the provisions regarding employee classification were clear and adhered to the relevant industrial instruments. It was determined that the agreement did not unjustifiably disadvantage the employees, and the terms concerning allowances were found to be fair. The Commission concluded that the agreement was not contrary to the public interest and was fair and reasonable within the meaning of the Act. The application was subsequently approved, allowing the agreement to proceed as intended.

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