Rocla Pty Ltd T/A Rocla Pipeline Products

[2013] FWCA 5127

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
(AG2013/7100)

ROCLA PTY LTD - EMU PLAINS AGREEMENT 2013-2016

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2013

Application for approval of the Rocla Pty Ltd - Emu Plains Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Rocla Pty Ltd - Emu Plains 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 (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 Greater New South Wales Branch (AWU-NSW) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) has 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 organisations.

[4] 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 4 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, applied to the Fair Work Commission for the approval of the Rocla Pty Ltd - Emu Plains Agreement 2013-2016. The agreement aimed to regulate the terms and conditions of employment for the workers at Rocla's Emu Plains facility. The nature of the dispute centred around the proposed terms of the agreement, particularly those related to penalty rates, shift allowances, and the introduction of a new roster system. The application was heard in the Fair Work Commission.

The central legal issues the Commission had to address involved whether the proposed terms of the agreement were fair and reasonable and if they complied with the provisions of the Fair Work Act 2009. Specifically, the Commission examined if the changes to penalty rates and shift allowances were justified and if the new roster system would negatively impact the employees' work-life balance. Additionally, the Commission considered whether the agreement met the requirements of the "better off overall test," ensuring that employees were not worse off under the new terms.

In reaching its decision, the Commission analysed the submissions from both parties and considered the broader context of the industry and economic conditions. The Commission found that the proposed changes were necessary to maintain the competitiveness of Rocla's business, and the new roster system would provide greater flexibility and efficiency. The Commission determined that the changes to penalty rates and shift allowances were justified and that employees would be better off overall under the new agreement. Consequently, the Fair Work Commission approved the Rocla Pty Ltd - Emu Plains Agreement 2013-2016.

The Commission's final orders included the approval of the agreement, with the terms set out in the application. The approved agreement came into effect on the date of the Commission's decision and would remain in force until the end of the specified period, or until superseded by a new agreement. The approval ensured that the terms and conditions of employment for the workers at Rocla's Emu Plains facility were regulated by the agreed-upon terms, providing a fair and reasonable outcome for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established