Rocla Pty Ltd T/A Rocla Pipeline Products

[2018] FWCA 4178

[2018] FWCA 4178

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products

(AG2018/836)

Rocla Pty Ltd Mittagong Enterprise Agreement 2017

Cement and concrete products
COMMISSIONER LEE	SYDNEY, 16 JULY 2018

Application for variation of the Rocla Pty Ltd Mittagong Enterprise Agreement 2017.

1. An application has been made for approval of a variation to the Rocla Pty Ltd Mittagong Enterprise Agreement 2017 (the Agreement). The application was made by Rocla Pty Ltd T/A Rocla Pipeline Products pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. I note that cl.13.9 of the varied Agreement provides employees an entitlement to named public holidays, but does not provide an entitlement to other public holidays falling within the definition at s.115(b) of the Act. I further note that the table at cl.5.3 of the varied Agreement does not provide redundancy pay for employees with exactly one year of service as does s.119(2) of the Act. Clause 1.5 of the varied Agreement states that ‘Any content of this agreement relating to the provisions of the NES applies to the employees covered by the agreement unless the NES provides a more favourable outcome for the employees in a particular respect’.  In this case the entitlements under ss.115(b) and 119(2) of the Act, being more beneficial, shall apply. I am satisfied that as a result, neither cl.13.9 nor cl.5.3 exclude the National Employment Standards.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

1. The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 30 May 2017. Those undertakings form part of the Agreement as varied.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 16 July 2018.

COMMISSIONER

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