DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2015/3623)

ROCLA PTY LTD - MACKAY ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2015

Application for approval of the Rocla Pty Ltd - Mackay Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd - Mackay Enterprise Agreement 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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 17 August 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Regional Production Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, applied to the Fair Work Commission for approval of the Mackay Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009, seeking approval of an agreement that had been negotiated between the company and its employees. The dispute centred on whether the agreement met the statutory requirements for a 'good faith' negotiation and whether it provided adequate protections for employees.

The legal issues before the Commission were whether the agreement had been negotiated in good faith, as required by the Fair Work Act, and if it contained the necessary minimum terms and conditions for employment. Specifically, the Commission had to determine if the agreement met the standards set out in section 230 of the Act, which mandates that enterprise agreements must not have the effect of worsening the terms and conditions of employment. The Commission also had to consider whether the agreement included all the prescribed minimum terms and conditions, as set out in section 178 of the Act.

The Commission found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. It noted that the process of negotiation was transparent and that the employees had been adequately represented. The Commission was satisfied that the agreement did not have the effect of worsening the terms and conditions of employment and that it complied with all statutory requirements. As a result, the Fair Work Commission approved the Rocla Pty Ltd - Mackay Enterprise Agreement 2015, in line with section 232 of the 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