DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipelines Products
(AG2019/4938)

ROCLA PTY LTD CAMPBELLFIELD ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 20 JANUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd Campbellfield 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 Products. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union 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, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Rocla Pty Ltd, trading as Rocla Pipelines Products, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was before the Fair Work Commission, which was asked to approve an enterprise agreement. The dispute centred on the terms of the proposed Rocla Pty Ltd Campbellfield Enterprise Agreement 2019. The CFMEU raised objections to several provisions of the agreement, arguing that they were not fair and reasonable in all aspects. The legal issues before the Commission were whether the provisions in question complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the terms met the criteria for being fair and reasonable, and whether they were procedurally sound.

The Commission found that the majority of the provisions in the agreement were fair and reasonable. However, it identified certain clauses that did not meet the necessary standards. The Commission focused on the procedural fairness and the implications of these clauses on the employees. It concluded that the disputed clauses did not adequately protect the interests of the employees, thus failing to meet the requirements of the Act. The Commission also considered the evidence provided by both parties and the broader context of industrial relations in the industry. The Commission ultimately decided that while the agreement was largely fair, the defective provisions needed to be amended to ensure compliance with the law.

The Fair Work Commission approved the agreement with several modifications to the contested clauses. The Commission mandated specific changes to ensure that the agreement met the standards of fairness and reasonableness as required by the Fair Work Act 2009. The changes included clearer provisions for employee entitlements and dispute resolution mechanisms. The Commission emphasised the importance of protecting employee interests and ensuring that any enterprise agreement complied with legal standards. The final order was for the agreement to be approved with the specified amendments, ensuring that it was fair and reasonable in all respects.

Rocla Pty Ltd T/A Rocla Pipelines Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established