Rocla Pty Ltd T/A Rocla Quarry Products

[2014] FWCA 2740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Quarry Products
(AG2014/4003)

ROCLA ENTERPRISE AGREEMENT WESTERN AUSTRALIA 2014

Quarrying industry
COMMISSIONER WILLIAMS	PERTH, 28 APRIL 2014

Application for approval of the Rocla Enterprise Agreement Western Australia 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rocla Enterprise Agreement Western Australia 2014 (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. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 5 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Rocla Pty Ltd T/A Rocla Quarry Products applied to the Fair Work Commission for approval of the Rocla Enterprise Agreement Western Australia 2014. The application was made pursuant to section 231 of the Fair Work Act 2009, and the matter was heard by the Commission. The application was contested by the Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically regarding employee entitlements and procedural fairness in its negotiation and execution.

The central legal issues before the Commission were whether the agreement had been fairly and properly negotiated, and whether it complied with the requirements of the Fair Work Act. The Commission needed to determine if the agreement met the procedural fairness requirements under section 230 of the Act, and if it provided for the proper protection of employees' rights and entitlements. The Commission also had to consider whether the agreement had been made in good faith and without coercion, as mandated by section 228 of the Act.

In its decision, the Commission found that the agreement had been fairly and properly negotiated and met the requirements of the Fair Work Act. The Commission noted that the agreement contained terms and conditions that were no less favourable than the applicable award or safety net award, and that it provided for proper protection of employees' rights and entitlements. The Commission also found that the agreement had been made in good faith and without coercion. The Commission concluded that the agreement was fair and appropriate for approval.

The Fair Work Commission approved the Rocla Enterprise Agreement Western Australia 2014, effective from 1 July 2014. The Commission certified the agreement, and it became legally binding on the parties. The Commission's decision was final and binding, and could not be appealed except on a question of law. The agreement provided for a two-year term, with provisions for wage increases, penalty rates, and other entitlements. The Commission's decision was a significant victory for Rocla and its employees, as it provided certainty and stability in their working arrangements.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established