DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2016/2783)

WODONGA POLES COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Wodonga Poles Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wodonga Poles Collective Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 10 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, applied for approval of the Wodonga Poles Collective Agreement 2016 in the Fair Work Commission. The agreement was entered into between the employer and the employees' union, and it outlined the terms and conditions of employment for the workers. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with section 233 of the Fair Work Act, which requires that a registered agreement must provide for fair and reasonable terms and conditions. The court had to assess if the agreement provided for fair and reasonable terms, and if it met the criteria for approval under the Act. The court also needed to consider whether the agreement complied with the Fair Work Regulations 2009, particularly regarding notice periods and the process for resolving disputes.

The Fair Work Commission found that the Wodonga Poles Collective Agreement 2016 met the criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, and it complied with the requirements of the Fair Work Act and the Fair Work Regulations. The Commission approved the agreement, stating that it was in the best interests of the employees and did not prejudiciously affect their rights to fair work. The employer and the union were ordered to implement the agreement as per the approved terms.

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