DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2018/444)

ROCLA PTY LTD GRAFTON ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the Rocla Pty Ltd Grafton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Grafton Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, applied to the Fair Work Commission for approval of the Rocla Pty Ltd Grafton Enterprise Agreement 2017. The application arose as part of the process for modern awards to be incorporated into existing enterprise agreements. The applicant argued that the agreement provided for terms and conditions of employment that were no less favourable than the relevant modern award. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues for the Commission to decide were whether the terms of the agreement were fair, and whether they met the requirements for approval under section 233 of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were no less favourable than the relevant modern award, and whether the agreement complied with the good faith bargaining provisions under the Act. The applicant contended that the agreement was the product of genuine and informed bargaining, while the respondent raised concerns about the fairness of certain provisions.

The Commission found that the agreement was the outcome of genuine and informed bargaining, and that it provided for terms and conditions of employment that were no less favourable than the relevant modern award. The Commission noted that the agreement had been negotiated over several months, with input from both parties, and that it included provisions that went beyond the minimum requirements of the modern award. The Commission also found that the agreement complied with the good faith bargaining provisions under the Act, as both parties had acted in good faith throughout the bargaining process. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Rocla Pty Ltd Grafton Enterprise Agreement 2017, finding it to be fair and in compliance with the statutory requirements for approval. The Commission's decision confirmed that the agreement provided for terms and conditions of employment that were no less favourable than the relevant modern award, and that it met the good faith bargaining provisions under the Fair Work Act. The approval of the agreement ensures that the terms and conditions set out within it are legally binding on the parties and their employees.

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