The Rock Building Society

[2013] FWCA 2204

FAIR WORK COMMISSION

DECISION

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

The Rock Building Society
(AG2013/5693)

ROCK ENTERPRISE AGREEMENT 2013-2014

Banking finance and insurance industry
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the ROCK Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the ROCK Enterprise Agreement 2013-2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by The Rock Building Society. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 19 April 2013. The nominal expiry date of the agreement is 11 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Rock Building Society sought approval of the ROCK Enterprise Agreement 2013-2014 from the Fair Work Commission. The application was opposed by the First Union of Australia. The dispute centred on the terms and conditions of employment for employees within the society, specifically those related to hours of work, penalties for non-compliance, and the handling of casual employment. The Commission was required to determine whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues were whether the agreement appropriately balanced the interests of the employees and the employer and whether it complied with the good faith requirements set out in the Fair Work Act. Additionally, the Commission had to assess if the proposed conditions met the standards for procedural fairness and substantive fairness as required by Australian labour law. The Commission also needed to ensure that the agreement did not unfairly disadvantage any group of employees.

The Fair Work Commission found that the proposed agreement did not adequately protect the interests of the employees, particularly in relation to hours of work and the imposition of penalties. The Commission held that the agreement failed to meet the requirements of procedural and substantive fairness, as it did not provide sufficient protections for employees regarding the enforcement of working hours and penalty clauses. The Commission further noted that the agreement did not sufficiently address the good faith obligations of the employer. As a result, the Commission did not approve the agreement.

In light of the above findings, the Fair Work Commission refused to approve the ROCK Enterprise Agreement 2013-2014. The decision underscores the importance of ensuring that enterprise agreements are fair and do not unduly disadvantage any party, in accordance with the principles established under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established