DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2016/6655)

ROCLA EDINBURGH NORTH ENTERPRISE AGREEMENT 2016 - 2019

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Rocla Edinburgh North Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Edinburgh North 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 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. 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

The case involved Rocla Pty Ltd, trading as Rocla Pipeline Products, which sought approval of the Rocla Edinburgh North Enterprise Agreement 2016-2019. The application was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement contained all the prescribed terms and conditions, and if it was made in accordance with the requirements of the Act. This included assessing whether the agreement was genuinely negotiated between the employer and the employees, and if it provided for the fair treatment of employees. The Commission also considered whether the agreement provided for adequate dispute resolution mechanisms and if it complied with the 'better off overall test', which requires that employees be no worse off financially under the new agreement.

In its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission found that the agreement was indeed the product of genuine negotiations between the employer and the employees. It was determined that the agreement contained all the necessary prescribed terms and conditions and met the requirements of the Act. The Commission also confirmed that the agreement passed the 'better off overall test' and provided for fair treatment of the employees, as well as adequate dispute resolution mechanisms. Based on these findings, the Commission approved the agreement.

The Fair Work Commission ordered that the Rocla Edinburgh North Enterprise Agreement 2016-2019 be approved, and it came into effect from the date of the Commission's decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between Rocla Pipeline Products and its employees for the specified period.

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