DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2020/1079)

ROCLA PTY LTD - EMU PLAINS ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 28 APRIL 2020

Application for approval of the Rocla Pty Ltd - Emu Plains Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd - Emu Plains Enterprise Agreement 2019 (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 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) 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 5 May 2020. The nominal expiry date of the Agreement is 18 March 2021.

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 Enterprise Agreement 2019. The application arose from negotiations between the employer and the union representing the employees, with the union seeking to finalise a new enterprise agreement to replace the existing one that had expired. The union sought various improvements in terms of pay, conditions, and other benefits for the employees, while the employer argued for a more conservative approach to avoid financial strain on the business.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009, specifically if it provided for minimum entitlements, promoted workplace fairness, and did not undermine the right of employees to organise and bargain collectively. Additionally, the Commission had to assess if the agreement was in the best interest of the employees and whether it would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement met the statutory criteria for approval. It provided for minimum entitlements, was fair and reasonable, and did not undermine the collective bargaining rights of employees. The agreement also included provisions that promoted harmonious and cooperative workplace relations. The Commission acknowledged the employer's concerns regarding financial implications but concluded that the benefits to the employees, particularly in terms of improved working conditions and certainty, outweighed these concerns. The Commission approved the agreement, noting the need for ongoing monitoring and review to ensure its effectiveness.

No further orders were made beyond the approval of the enterprise agreement. The decision was based on the comprehensive nature of the agreement and its alignment with the principles of the Fair Work Act.

Rocla Pty Ltd T/A Rocla Pipeline Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established