Rocla Pty Ltd T/A Rocla Pipeline Products Summary

[2013] FWCA 9775

FAIR WORK COMMISSION

DECISION

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

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2013/11431)

ROCLA EDINBURGH NORTH COLLECTIVE AGREEMENT 2013-2016

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 DECEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Rocla Edinburgh North 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/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 of the Act 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) of the Act 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 20 December 2013. 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, applied to the Fair Work Commission for approval of the Rocla Edinburgh North Collective Agreement 2013-2016. The applicant sought to have the agreement registered under the Fair Work Act 2009, which would make it a legally binding document between the employer and its employees. The matter was heard by Commissioner J R Smith.

The primary legal issue the court needed to address was whether the agreement complied with the requirements of the Fair Work Act, particularly whether it met the “better off overall test” (BOOT) and whether it was a “simple, fair and effective” agreement. The applicant argued that the agreement was in the best interests of the employees and was a fair and effective means of resolving workplace issues.

Commissioner Smith examined the agreement in detail, considering the provisions regarding wages, hours, leave, and other employment conditions. The Commissioner determined that the agreement met the BOOT, as it provided employees with improved terms and conditions compared to the relevant industrial instrument. The agreement was also found to be simple, fair, and effective, as it clearly outlined the rights and obligations of both parties and provided mechanisms for resolving disputes. Based on these findings, the Commissioner approved the agreement and registered it under the Fair Work Act.

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