DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2016/7481)

ROCLA PTY LTD CAMPBELLFIELD ENTERPRISE AGREEMENT 2016 - 2019

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2017

Application for approval of the Rocla Pty Ltd Campbellfield Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Campbellfield Enterprise Agreement 2016 - 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, 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 20 January 2017 and, in accordance with s.54, will operate from 27 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd T/A Rocla Pipeline Products brought an application before the Fair Work Commission, seeking approval of the Rocla Pipeline Products Enterprise Agreement 2016 to 2019. The dispute involved the terms and conditions of employment for the workers covered by the agreement, as well as the process through which the agreement was negotiated and agreed upon. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement was made in accordance with the procedural requirements of the Fair Work Act.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the statutory requirements of the Fair Work Act, and whether it was made in accordance with the procedural requirements. The Commission considered whether the agreement was negotiated in good faith, whether the agreement contained the required minimum terms and conditions, and whether the agreement was approved by the requisite majority of employees.

The Commission found that the agreement was a genuine enterprise agreement and was made in accordance with the procedural requirements of the Fair Work Act. The Commission found that the agreement contained the required minimum terms and conditions and that it was approved by the requisite majority of employees. The Commission was satisfied that the agreement was negotiated in good faith and that the process through which the agreement was negotiated and agreed upon was fair and reasonable. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Rocla Pipeline Products Enterprise Agreement 2016 to 2019. The Commission found that the agreement was a genuine enterprise agreement and was made in accordance with the procedural requirements of the Fair Work Act. The Commission was satisfied that the agreement contained the required minimum terms and conditions and that it was approved by the requisite majority of employees. The Commission found that the agreement was negotiated in good faith and that the process through which the agreement was negotiated and agreed upon was fair and reasonable. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

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