Rokset Industries Pty Ltd

[2013] FWCA 10170

The attached document replaces the document previously issued with the above code on 23 December 2013.

The Decision is being refiled to correct a typographical error in the company name.

Melissa Nassios

Associate to Commissioner Roe

Dated 9 January 2014

[2013] FWCA 10170

FAIR WORK COMMISSION

DECISION

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

Rokset Industries Pty Ltd
(AG2013/10511)

ROKSET INDUSTRIES PTY. LTD. ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 23 DECEMBER 2013

Application for approval of the Rokset Industries Pty. Ltd. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rokset Industries Pty. Ltd. Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rokset Industries Pty Ltd (the Applicant). The agreement is a single-enterprise 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 4 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rokset Industries Pty Ltd was the applicant before the Fair Work Commission, seeking approval for the Enterprise Agreement 2013. The agreement was entered into between the company and its employees, who were represented by the Australian Manufacturing Workers Union. The dispute centred on the terms and conditions of employment outlined in the agreement, specifically regarding pay rates, hours of work, and various other employment-related matters. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its provisions for minimum wages and conditions. The applicant argued that the agreement was fair and reasonable, while the union contended that certain aspects of the agreement did not adequately protect the employees' rights and interests. The Commission had to assess the fairness and reasonableness of the agreement, considering the overall balance of the terms and conditions in light of the principles set out in the Fair Work Act.

The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The Commission noted that the agreement provided for minimum pay rates and conditions that were in line with, or in some cases exceeded, the relevant award provisions. Furthermore, the agreement contained provisions for consultation and dispute resolution mechanisms, which were considered to be adequate to address any potential issues that may arise during the term of the agreement. Consequently, the Commission approved the Enterprise Agreement 2013, finding it to be fair and reasonable in all its terms and conditions.

The Fair Work Commission approved the Enterprise Agreement 2013, confirming its compliance with the Fair Work Act. The agreement was therefore to be taken as a valid and binding instrument governing the terms and conditions of employment for the employees of Rokset Industries Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established