DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipelines Products
(AG2021/3988)

ROCLA PTY LTD - GAILES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 MARCH 2021

Application for approval of the Rocla Pty Ltd - Gailes Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Pty Ltd - Gailes Enterprise Agreement 2020 (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] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2021. The nominal expiry date of the Agreement is 11 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Rocla Pty Ltd trading as Rocla Pipelines Products, applied for the approval of the Rocla Pty Ltd - Gailes Enterprise Agreement 2020. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, represented the employees, while the applicant's representatives argued on its behalf. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, specifically in relation to the agreement's compliance with the provisions regarding genuine bargaining and the rights of employees.

The court needed to determine whether the agreement was genuinely negotiated between the parties, considering the circumstances of the bargaining process. Additionally, it had to assess if the agreement adhered to the provisions concerning employees' rights, including minimum entitlements, and whether it had been fairly presented to the employees for their consideration and vote. The court also examined whether the agreement met the requirements for being a single, integrated agreement, as mandated by the legislation.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated and that the employees had been adequately informed and consulted throughout the process. The Commission also determined that the agreement complied with the statutory minimum entitlements and other legal requirements. Consequently, the Commission approved the agreement, noting its benefits for both the employees and the employer. The final orders included the approval of the agreement and its registration with the Fair Work Commission.

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