Rocla Pty Ltd T/A Rocla Pipeline Products

[2019] FWCA 3305

[2019] FWCA 3305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2019/1096)

ROCLA PTY LTD WODONGA PIPE ENTERPRISE AGREEMENT 2018 - 2021

Cement and concrete products
COMMISSIONER PLATT	ADELAIDE, 14 MAY 2019

Application for approval of the Rocla Pty Ltd Wodonga Pipe Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Wodonga Pipe Enterprise Agreement 2018 - 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rocla Pty Ltd T/A Rocla Pipeline Products. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 May 2019.

[3] The Applicant has submitted an undertaking in the required form dated 10 May 2019. The undertaking deals with the following topics:

•  Clause 3.1(c) of the Agreement will be read in conjunctions with s.324(1)(a) of the Act; and

•  Despite clause 12.1.4 of the Agreement, shift workers will receive the additional week of annual leave as per the definition in clause 26.2 of the Concrete Products Award 2010.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The “The Australian Workers’ Union (AWU)”, 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 this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 21 May 2022.

COMMISSIONER

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