DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2015/4658)

ROCLA KAURNA AVENUE EDINBURGH COLLECTIVE AGREEMENT 2013-2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Rocla Kaurna Avenue Edinburgh Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Kaurna Avenue Edinburgh Collective Agreement 2013-2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Rocla Pty Ltd, trading as Rocla Pipeline Products, made an application to the Fair Work Commission seeking approval of a proposed collective agreement with the Australian Manufacturing Workers' Union. The agreement, titled "Rocla Kaurna Avenue Edinburgh Collective Agreement 2013-2015", was intended to cover the employment of approximately 40 employees at Rocla's Kaurna Avenue site in Edinburgh, South Australia. The primary dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it met the necessary standards for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the proposed agreement complied with the provisions of section 232 of the Act, which mandates that an agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net award. Another significant issue was whether the agreement contained provisions that were contrary to public policy or contravened any other provision of the Act. Furthermore, the Commission had to consider whether the agreement provided for appropriate mechanisms to resolve workplace disputes and ensure procedural fairness.

In examining the proposed agreement, the Commission noted that the agreement did not contain any terms that were less favourable than the applicable award or safety net award. The Commission also found that the agreement did not contravene any public policy or other provisions of the Act. The Commission was satisfied that the agreement provided for appropriate mechanisms to resolve workplace disputes and ensure procedural fairness, including provisions for conciliation, mediation, and the escalation of disputes to the Commission if necessary. Based on these findings, the Commission approved the proposed agreement, finding that it met the necessary standards for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the "Rocla Kaurna Avenue Edinburgh Collective Agreement 2013-2015", subject to certain conditions and modifications. These included ensuring that the agreement included provisions for the protection of employees' personal information, and that the agreement be reviewed and updated every two years to ensure that it remained fair and reasonable. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies be provided to all affected employees. The approval of the agreement marked an important step forward in the ongoing efforts to provide fair and reasonable terms and conditions of employment for workers in the Australian manufacturing industry.

Rocla Pty Ltd T/A Rocla Pipeline Products

DECISION

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Background to the litigation

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Legal Principle Established