DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2016/6398)

ROCLA PTY LTD - EMU PLAINS AGREEMENT 2016 - 2019

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd - Emu Plains 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 29 November 2016. The nominal expiry date of the Agreement is 4 May 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 to the Fair Work Commission for approval of the Rocla Pty Ltd - Emu Plains Agreement 2016 - 2019. The application involved the terms of employment for employees working at the Emu Plains site. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the standards of a Modern Award or if it was an improvement over existing conditions.

The legal issues before the Commission involved whether the proposed agreement provided for minimum pay rates and conditions, and if it allowed for fair and flexible working arrangements. The Commission also had to assess if the agreement contained provisions that were contrary to the objects of the Act or that would undermine the integrity of the industrial relations system. A further consideration was whether the agreement provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The Commission determined that the agreement provided for minimum pay rates and conditions and allowed for flexible working arrangements. The Commission was satisfied that the agreement did not contain any provisions that were contrary to the objects of the Act or that would undermine the industrial relations system. The agreement also contained provisions for dispute resolution that were deemed to be appropriate. The Commission approved the Rocla Pty Ltd - Emu Plains Agreement 2016 - 2019.

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