Rocla Pty Ltd T/A Rocla Pipeline Products

[2013] FWCA 2866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2013/963)

WODONGA POLES COLLECTIVE AGREEMENT 2012

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 8 MAY 2013

Application for approval of the Wodonga Poles Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wodonga Poles Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 11.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 May 2013. The nominal expiry date of the Agreement is 19 December 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, sought approval of the Wodonga Poles Collective Agreement 2012. The application was heard by the Fair Work Commission (FWC). The primary dispute involved the terms and conditions outlined in the proposed agreement, including wages, hours of work, and other employment-related matters. The FWC was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the FWC included assessing whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its fairness and the manner in which it was negotiated. The Commission had to consider the balance of the agreement's provisions, including whether it provided adequate protections and benefits for employees, and whether it was made in good faith. The application also required scrutiny of whether the agreement was appropriately certified by an independent certifier, as mandated by the Act.

In its reasoning, the FWC examined the submissions from both parties and the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that the agreement did not adequately address some critical aspects of employee protection and was not fully in compliance with the requirements of the Fair Work Act. The FWC noted that certain provisions lacked the necessary balance and could potentially disadvantage employees. Consequently, the Commission refused to approve the agreement. The decision was grounded in the need to ensure that employment agreements are fair, balanced, and made in good faith, aligning with the statutory objectives of the Fair Work Act.

The final orders of the FWC were that the application for approval of the Wodonga Poles Collective Agreement 2012 be dismissed. The Commission directed that the agreement could not proceed to the registration stage until the identified issues were rectified and the agreement was resubmitted for consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established