DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rohrig (Qld) Pty Ltd
(AG2016/4312)

ROHRIG (QLD) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Rohrig (Qld) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rohrig (Qld) Pty Ltd Enterprise Agreement 2016 (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 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 9 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Rohrig (Qld) Pty Ltd, sought approval of an enterprise agreement in the Fair Work Commission. The respondent, a union representing the employees, opposed the approval on various grounds. The case involved the interpretation and application of the Fair Work Act 2009, specifically concerning the procedural fairness and compliance with the statutory requirements for approving such agreements.

The central legal issues revolved around whether the applicant had complied with the statutory requirements for approval of the enterprise agreement. The union argued that the applicant had failed to meet certain procedural and substantive criteria, including the requirement for genuine bargaining and the provision of adequate information to employees. The union also contended that the agreement did not provide for fair terms and conditions of employment.

The Fair Work Commission considered the arguments presented by both parties. It examined the evidence of the bargaining process and the provisions of the agreement. The Commission found that the applicant had engaged in genuine bargaining and provided sufficient information to the employees. The Commission also concluded that the agreement met the statutory requirements and provided for fair terms and conditions of employment. The union's arguments were rejected, and the application for approval was granted.

The Fair Work Commission approved the Rohrig (Qld) Pty Ltd Enterprise Agreement 2016, finding that it met the statutory requirements and provided for fair terms and conditions of employment. The union's objections were dismissed, and the agreement was approved as a registered enterprise agreement under the Fair Work Act 2009.

Rohrig (Qld) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established