Rohrig (Qld) Pty Ltd

[2021] FWCA 5859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rohrig (Qld) Pty Ltd
(AG2021/6961)

ROHRIG (QLD) PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Rohrig (QLD) Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Rohrig (QLD) Pty Ltd Enterprise Agreement 202 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rohrig (Qld) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.1.2 – Engagement of employees.

• Clause 6.2.5 – Permanent employees.

• Clause 7.1.2 – Misconduct.

• Clause 19.5.1 – Public holidays.

However, noting clause 5.1(iv) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2021. The nominal expiry date of the Agreement is 15 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rohrig (QLD) Pty Ltd applied for approval of the Rohrig (QLD) Pty Ltd Enterprise Agreement 2021. The applicant is an employer in the construction industry, and the dispute concerns the terms and conditions of employment for its employees, as outlined in the proposed enterprise agreement.

The primary legal issues for the Commission to determine were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it was made in good faith, free from coercion, and contained minimum entitlements. The Commission also had to consider whether the agreement would have a significant and detrimental effect on the national system for the resolution of workplace disputes or industrial activity.

The Commission found that the agreement contained all the required minimum entitlements and was made in good faith, free from coercion. The applicant demonstrated that the agreement was negotiated with the relevant trade union and reflected the economic realities of the industry. The Commission was satisfied that the agreement would not have a significant and detrimental effect on the national system for the resolution of workplace disputes or industrial activity.

The Commission approved the Rohrig (QLD) Pty Ltd Enterprise Agreement 2021, effective from the date of the decision. The agreement will now form the basis of the employment terms and conditions for the employees of Rohrig (QLD) Pty Ltd, providing them with certainty and protection in their workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established