ROCPAC Pty Ltd

[2018] FWCA 7308

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ROCPAC Pty Ltd

(AG2018/2466)

ROCPAC Pty Ltd Enterprise Agreement 2017-2020

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the ROCPAC Pty Ltd Enterprise Agreement 2017- 2020.

An application has been made for approval of an enterprise agreement known as the ROCPAC Pty Ltd Enterprise Agreement 2017- 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ROCPAC Pty Ltd. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 29 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ROCPAC Pty Ltd, an employer, and various employees represented by the Transport Workers' Union, sought approval of an enterprise agreement. The application came before the Fair Work Commission (FWC), a body responsible for regulating workplace relations in Australia. The crux of the dispute lay in the interpretation and applicability of certain provisions within the proposed enterprise agreement, specifically those related to wage rates and conditions for employees.

The legal issues before the FWC involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Key points of contention included the proper classification of employees, the adequacy of the agreement in providing for minimum entitlements, and whether it met the criteria for 'better off overall' as required by the legislation. Additionally, the FWC had to consider whether the agreement provided sufficient protections for employees in terms of wages and conditions.

In rendering its decision, the FWC carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the proposed agreement did not adequately provide for the minimum entitlements of employees as stipulated under the Fair Work Act. Furthermore, the FWC determined that the agreement did not meet the 'better off overall' test, as it did not sufficiently improve the conditions for employees compared to the existing award. Consequently, the application for approval was dismissed. The FWC highlighted the necessity for the agreement to provide clear and adequate protections for employees, which the current proposal failed to achieve.

In light of the FWC's findings, the application for approval of the ROCPAC Pty Ltd Enterprise Agreement 2017-2020 was dismissed. The decision underscored the importance of enterprise agreements aligning with legislative requirements and ensuring that employees are not disadvantaged. The FWC's ruling serves as a reminder to both employers and unions of the stringent standards that must be met for such agreements to be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established