Rohrig (Qld) Pty Ltd

[2013] FWCA 126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rohrig (Qld) Pty Ltd
(AG2012/13154)

ROHRIG (QLD) PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 JANUARY 2013

Application for approval of the Rohrig (QLD) Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 December 2012 by Rohrig (Qld) Pty Ltd for the approval of a single-enterprise agreement known as the Rohrig (QLD) Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] I am 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Rohrig (Qld) Pty Ltd and their employees, represented by the Building Construction, Forestry, Mining and Energy Union. The dispute centred on the approval of the Rohrig (Qld) Pty Ltd Enterprise Agreement 2012. This matter was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009, which has the authority to make binding decisions on workplace disputes.

The central legal issue before the court was whether the enterprise agreement met the statutory requirements for approval. Specifically, the court had to determine if the agreement complied with the provisions of the Fair Work Act, including whether it adhered to the prescribed minimum terms and conditions, and whether it was made in good faith. The court also needed to assess if the agreement had been fairly negotiated and if it provided for appropriate dispute resolution mechanisms.

In delivering the decision, the Fair Work Commission found that the Rohrig (Qld) Pty Ltd Enterprise Agreement 2012 did comply with the requirements of the Fair Work Act. The agreement was deemed to cover all necessary minimum terms and conditions, and the court was satisfied that it was made in good faith. The commission further held that the agreement had been fairly negotiated and included appropriate mechanisms for resolving disputes. Consequently, the court approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Rohrig (Qld) Pty Ltd Enterprise Agreement 2012 be approved as a registered agreement, effective from the date of the decision. This approval allows the agreement to remain in force, providing the basis for the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established