DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rocla Pty Ltd T/A Rocla Quarry Products
(AG2015/2369)

ROCLA QUARRY PRODUCTS VICTORIA ENTERPRISE BARGAINING AGREEMENT 2014

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 1 MAY 2015

Application for approval of the Rocla Quarry Products Victoria Enterprise Bargaining Agreement 2014.

[1] On 9 April 2015 Rocla Pty Ltd (Applicant) made an application for approval of the Rocla Quarry Products Victoria Enterprise Bargaining Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 May 2015. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Quarry Products, applied to the Fair Work Commission for the approval of the Rocla Quarry Products Victoria Enterprise Bargaining Agreement 2014. The applicant sought to have the agreement registered under the Fair Work Act 2009. The nature of the dispute centred on the validity and fairness of the terms proposed in the agreement, which aimed to regulate the employment conditions of workers within the Victoria region.

The legal issues before the court revolved around whether the agreement met the criteria for approval under section 230 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees it covered, if it provided for the efficient determination of terms and conditions of employment, and if it was consistent with the principles of the national workplace relations system. Furthermore, the court had to consider if the agreement contained mandatory provisions as required by the Act.

The court examined the agreement in detail, assessing its compliance with the statutory requirements and its alignment with the principles of the national workplace relations system. It considered the balance of rights and obligations within the agreement, the fairness of its terms, and the processes by which it was negotiated. Ultimately, the court found that the agreement satisfied the legislative criteria and was in the best interests of the employees. The court approved the agreement, finding it to be consistent with the principles of the national workplace relations system and providing for the efficient determination of terms and conditions of employment.

The court's approval of the agreement was based on its findings that the agreement met all statutory requirements and was fair and reasonable. The decision confirmed the agreement as a valid and binding instrument under the Fair Work Act 2009, providing a framework for the employment conditions of the workers covered by the agreement.

Rocla Pty Ltd T/A Rocla Quarry Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established