DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rokon Pty Ltd
(AG2019/3889)

ROKON PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the Rokon Pty Ltd Enterprise Agreement 2019.

[1] Rokon Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Rokon Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 clauses 18.6, 27.1, 27.4(c), 30.1(c) and 30.1(g) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, 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 was approved on 11 November 2019 and, in accordance with s 54, will operate from 18 November 2019. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Rokon Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Rokon Pty Ltd Enterprise Agreement 2019. The agreement in question was submitted by the employer, Rokon Pty Ltd, and the union, Australian Manufacturing Workers Union, as a result of the bargaining process between the parties. The nature of the dispute revolved around whether the terms and conditions outlined in the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and other applicable industrial instruments.

The primary legal issues the Fair Work Commission had to decide included whether the agreement met the requirements for coverage, the procedural fairness in the bargaining process, and whether the terms and conditions of employment within the agreement were fair and reasonable. The Commission needed to ensure that the agreement did not undermine the minimum standards set out in the National Employment Standards and other applicable awards or agreements.

In its decision, the Fair Work Commission found that the enterprise agreement was procedurally sound and that the bargaining process had been conducted in good faith. The Commission also determined that the terms and conditions of employment in the agreement were fair and reasonable, taking into account the specific circumstances of the employer and the workforce. The agreement was approved as it was found to be compliant with the legislative requirements and did not disadvantage employees. The Fair Work Commission highlighted the importance of the agreement in providing a stable and predictable framework for employment relations between the parties.

The final orders of the Fair Work Commission were that the Rokon Pty Ltd Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to govern the terms and conditions of employment for the employees covered by the agreement, subject to any further orders or directions from the Commission.

Rokon 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