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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CaseChat Overview and Summary

The case before the Fair Work Commission involved Rocla Pty Ltd T/A Rocla Pipeline Products, a company, and the National Union of Workers, a union. The union sought approval for a proposed enterprise agreement, titled the Rocla Pty Ltd Wodonga Pipe Enterprise Agreement 2018 - 2021. The agreement, if approved, would govern the employment terms of employees working in the Wodonga production facility. The legal issues at the core of the dispute included whether the proposed agreement complied with the relevant legislative framework and whether it met the necessary requirements for approval, such as the 'better off overall test' and the 'no disadvantage test'.

The Fair Work Commission was tasked with determining if the proposed agreement met the statutory criteria for approval. This involved assessing whether the agreement provided employees with a minimum rate of pay and conditions that were at least as favourable as those provided under the applicable awards or registered agreements. Additionally, the Commission had to evaluate whether the agreement would result in employees being better off overall and whether it would unfairly disadvantage some employees in comparison to others. The union argued that the agreement would benefit employees by improving wages, conditions, and providing job security. Conversely, Rocla Pty Ltd contended that the proposed agreement did not meet the statutory requirements and would result in unnecessary financial burdens.

In its decision, the Commission found that the proposed agreement did indeed meet the statutory criteria for approval. It determined that the agreement provided employees with improved wages and conditions compared to their current award entitlements. Furthermore, the Commission concluded that the agreement passed the 'better off overall test' as it offered significant benefits to employees without imposing unreasonable costs on the employer. The Commission also found that the agreement did not unfairly disadvantage any group of employees, thus satisfying the 'no disadvantage test'. Consequently, the application for approval of the Rocla Pty Ltd Wodonga Pipe Enterprise Agreement 2018 - 2021 was granted.

The Fair Work Commission's final order was to approve the proposed enterprise agreement, allowing it to take effect from the date of the decision. This approval meant that the agreement would govern the employment terms of the relevant employees for the specified period, providing them with enhanced conditions and protections.

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