Rogertex NSW Pty Ltd

[2018] FWCA 1687

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Rogertex NSW Pty Ltd

(AG2017/4901)

Rogertex NSW Pty Ltd Enterprise Agreement 2017 - 2021

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 23 MARCH 2018

Application for approval of the Rogertex NSW Pty Ltd Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Rogertex NSW Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rogertex NSW Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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 30 March 2018. The nominal expiry date of the Agreement is 22 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Rogertex NSW Pty Ltd, a company, and the Fair Work Commission, which oversees workplace relations in Australia. The dispute centred on the application for approval of the Rogertex NSW Pty Ltd Enterprise Agreement 2017-2021. The matter was heard by the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement complied with the requirements of the Fair Work Act, including whether it met the "better off overall test" and whether it contained provisions that were contrary to public policy. Another key issue was whether the agreement had been genuinely agreed upon by the parties.

The Fair Work Commission found that the enterprise agreement met the better off overall test and did not contain any provisions that were contrary to public policy. The Commission also found that the agreement had been genuinely agreed upon by the parties. In reaching this decision, the Commission considered evidence from both parties, including witness statements and documentation. The Commission also considered the principles set out in relevant case law.

As a result of the Commission's decision, the Rogertex NSW Pty Ltd Enterprise Agreement 2017-2021 was approved. The agreement now provides the basis for the terms and conditions of employment for the employees covered by the agreement. The decision provides clarity for both the employer and employees and ensures that the agreement is legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established