DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rokon Pty Ltd
(AG2015/3435)

ROKON PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	ADELAIDE, 20 AUGUST 2015

Application for approval of the Rokon Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rokon Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rokon 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 27 August 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Rokon Pty Ltd, as the employer, and the Electrical Trades Union of Australia, as the union representing the employees. The dispute before the Fair Work Commission regarded the approval of the Rokon Pty Ltd Enterprise Agreement 2015. The union had applied for the agreement to be approved, while the employer contested the application on various grounds. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues that the Commission needed to address included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, whether it contained the minimum terms and conditions of employment as stipulated by the Act, and whether it had been genuinely negotiated between the parties. Additionally, the Commission had to consider if the agreement was in the best interests of the employees and if it complied with the good faith bargaining requirements.

In delivering its decision, the Commission first noted that the agreement had been made following the correct procedures and that it contained the minimum terms and conditions of employment as required by the Act. The Commission also found that the agreement had been genuinely negotiated between the parties and that it was in the best interests of the employees. Regarding the good faith bargaining requirements, the Commission concluded that the employer had acted in good faith throughout the bargaining process. As a result, the Commission approved the Rokon Pty Ltd Enterprise Agreement 2015.

The Fair Work Commission approved the Rokon Pty Ltd Enterprise Agreement 2015, finding that it complied with the necessary legal requirements and was in the best interests of the employees. The Commission found that the agreement had been genuinely negotiated, contained the minimum terms and conditions of employment, and that the employer had acted in good faith during the bargaining process.

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