DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipelines
(AG2020/3780)

ROCLA PTY LTD CAIRNS ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JANUARY 2021

Application for approval of the Rocla Pty Ltd Cairns Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Cairns Enterprise Agreement 2019 (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 Pipelines. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2021. The nominal expiry date of the Agreement is 14 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipelines, brought an application before the Fair Work Commission seeking approval of the Rocla Pty Ltd Cairns Enterprise Agreement 2019. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained the necessary minimum terms and conditions, and if it was fairly negotiated.

The primary legal issues revolved around whether the agreement complied with the legislative criteria for minimum entitlements, and if it was genuinely negotiated. The applicant argued that the agreement provided all required minimum terms and conditions and had been fairly negotiated. The Commission had to examine the contents of the agreement to ensure it included provisions on minimum wages, leave entitlements, and other mandatory terms. Furthermore, the Commission assessed whether there was evidence of genuine bargaining between the parties, free from coercion or undue influence.

After reviewing the agreement and the evidence presented, the Commission found that the Rocla Pty Ltd Cairns Enterprise Agreement 2019 met all statutory requirements for approval. The agreement contained all the necessary minimum terms and conditions and there was sufficient evidence to demonstrate that the agreement had been fairly negotiated. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act 2009.

Rocla Pty Ltd T/A Rocla Pipelines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established