Rocla Pty Ltd T/A Rocla Pipeline Products Summary

[2013] FWCA 6348

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
(AG2013/8726)

ROCLA KAURNA AVENUE EDINBURGH COLLECTIVE AGREEMENT 2013 - 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 SEPTEMBER 2013

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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

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CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, sought approval for the Rocla Kaurna Avenue Edinburgh Collective Agreement 2013 - 2015. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute primarily centred around the terms of the agreement, specifically the proposed shift patterns and the impact on employee entitlements and working conditions.

The key legal issues before the Commission involved the interpretation of the Fair Work Act and the Fair Work Regulations, particularly in relation to the procedural fairness in the bargaining process and the substantive fairness of the agreement's terms. The Commission had to assess whether the agreement was genuinely negotiated, free from coercion or undue influence, and whether it provided for the fair treatment of employees.

The Commission found that the agreement was the product of genuine and voluntary bargaining, with both parties demonstrating a willingness to negotiate in good faith. It was also determined that the terms of the agreement were fair and reasonable, taking into account the needs and interests of both employees and the employer. The Commission was satisfied that the process leading to the agreement was procedurally fair and that the substantive terms did not disadvantage employees. Consequently, the Commission approved the Rocla Kaurna Avenue Edinburgh Collective Agreement 2013 - 2015.

The final orders included the approval of the agreement, with specific conditions to ensure ongoing monitoring of its implementation to maintain compliance with the Fair Work Act and Regulations.

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