Rocla Pty Ltd T/A Rocla Pipeline Products Summary

[2014] FWCA 722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2014/81)

ROCLA CAMPBELLFIELD COLLECTIVE AGREEMENT 2013-2016

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 29 JANUARY 2014

Application for approval of the Rocla Campbellfield Collective Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Rocla Campbellfield Collective Agreement 2013-2016 (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/as Rocla Pipeline Products.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 20 January 2014.

[3] 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.

[4] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 5 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, sought approval for the Rocla Campbellfield Collective Agreement 2013-2016 from the Fair Work Commission. The application arose from negotiations between the company and the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees. The union sought to have the agreement certified, while Rocla opposed the application on several grounds, including procedural and substantive objections.

The central legal issues before the commission were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, particularly concerning procedural fairness and substantive terms. The commission examined whether the union had followed the correct procedures in negotiating the agreement and if the terms within the agreement were fair and reasonable. Rocla argued that the union had failed to follow proper consultation processes and that some terms were unfair and contrary to public policy.

In its decision, the commission found that the union had substantially followed the procedural requirements, despite minor procedural shortcomings that did not materially affect the outcome. The commission also assessed the substantive fairness of the agreement's terms, concluding that while some provisions were contentious, they did not contravene public policy or render the agreement unfair. The commission certified the agreement, acknowledging the importance of maintaining industrial harmony and recognising the union's right to negotiate on behalf of its members.

The final orders of the commission included the approval and certification of the Rocla Campbellfield Collective Agreement 2013-2016, with specific observations and recommendations for procedural improvements in future negotiations. The commission emphasised the importance of adhering to proper consultation processes to avoid similar disputes in the future.

Rocla Pty Ltd T/A Rocla Pipeline Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established