DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipelines Products
(AG2019/3945)

ROCLA EDINBURGH NORTH ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 NOVEMBER 2019

Application for approval of the Rocla Edinburgh North Enterprise Agreement 2019.

[1] Rocla Pipelines Products has applied for approval of an enterprise agreement known as the Rocla Edinburgh North Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), and based on the statutory declarations provided by the AWU, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipelines Products, applied to the Fair Work Commission for approval of the Rocla Edinburgh North Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009, as the agreement had been negotiated between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements for approval and whether it was made in good faith and without coercion.

The legal issues before the Commission were whether the agreement had been genuinely bargained for, if it contained all the mandatory terms required by the Fair Work Act, and if it was in the best interests of the employees. The Commission examined the negotiation process, the contents of the agreement, and the evidence provided by both parties. The CFMEU argued that the agreement was not made in good faith and that it did not adequately represent the interests of the employees. Rocla contended that the agreement was a product of genuine negotiations and that it complied with all legal requirements.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission determined that there was no evidence of coercion or unfairness in the negotiation process. The Commission also concluded that the agreement was in the best interests of the employees, considering the economic context and the benefits provided. Consequently, the Commission approved the Rocla Edinburgh North Enterprise Agreement 2019 under section 233 of the Fair Work Act.

The final orders of the Commission included the approval of the enterprise agreement, effective from 1 January 2020, with specific provisions addressing wages, conditions of employment, and dispute resolution mechanisms. The Commission directed that the agreement be registered with the Fair Work Commission and that it would be binding on all employees covered by the agreement.

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