Rokon Pty Ltd

[2023] FWCA 2036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rokon Pty Ltd

(AG2023/1641)

ROKON PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2023

Application for approval of the Rokon Pty Ltd Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Rokon Pty Ltd Enterprise Agreement 2023 (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. The undertakings are taken to be a term of 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.

Clause 18.6 of the Agreement regarding abandonment of employment is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 July 2023. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Rokon Pty Ltd, an employer, and the relevant union, the applicants, who sought approval of an enterprise agreement. The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with reviewing and deciding whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions as required by the Act, and if it had been made in good faith and without coercion. Additionally, the Commission assessed whether the agreement was consistent with the broader principles of industrial fairness.

The Fair Work Commission held that the proposed enterprise agreement met the statutory requirements for approval. The Commission found that the agreement contained all the necessary minimum terms and conditions and had been made in good faith without any element of coercion. The Commission also noted that the agreement was consistent with the principles of industrial fairness and did not contain any provisions that would be detrimental to the employees. As a result, the Commission approved the enterprise agreement as meeting the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Rokon Pty Ltd Enterprise Agreement 2023, finding that it met all the statutory requirements for approval. The agreement was deemed to contain the necessary minimum terms and conditions, had been made in good faith without coercion, and was consistent with the principles of industrial fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established