DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2021/6659)

ROCLA PTY LTD WODONGA PIPE ENTERPRISE AGREEMENT 2021

Cement and concrete products
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 AUGUST 2021

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

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 August 2021 and, in accordance with s 54, will operate from 1 September 2021. The nominal expiry date of the Agreement is 1 July 2024.

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 for approval of the Wodonga Pipe Enterprise Agreement 2021, which had been negotiated with the Communications, Electrical and Plumbing Union. The Fair Work Commission, under the Fair Work Act 2009, was the court responsible for considering the application.

The primary legal issues the Commission had to decide involved whether the agreement was in the interests of employees and employers, whether it met the criteria for being "better off overall" and "not worse off", and whether it complied with the Act’s provisions, including those regarding pay equity. The Commission also needed to ensure the agreement did not unfairly discriminate against any group of employees or employers.

In assessing the application, the Commission examined the agreement's provisions, including wages, conditions, and other terms. The Commission found that the agreement provided for fair and reasonable terms that met the statutory requirements. It was determined that employees would not be worse off under the new agreement and that the terms were in the best interests of both employees and employers. The Commission approved the agreement, noting that it balanced the needs of both parties and complied with the Act’s provisions.

The Fair Work Commission approved the Rocla Pty Ltd Wodonga Pipe Enterprise Agreement 2021. The decision was based on the findings that the agreement was fair, met the statutory criteria, and did not unfairly discriminate against any group. The approval ensures that the terms of the agreement are legally binding on the parties involved.

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