Justin Roth Plumbing Pty Ltd

[2014] FWCA 3061

[2014] FWCA 3061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Justin Roth Plumbing Pty Ltd
(AG2014/5569)

JUSTIN ROTH PLUMBING PTY LTD CURTIS ISLAND LNG PROJECTS GREENFIELDS AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 MAY 2014

Application for variation of the Justin Roth Plumbing Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2011 - 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Justin Roth Plumbing Pty Ltd (“the Employer”) for the approval of a variation to the Justin Roth Plumbing Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2011 - 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

(a) At clause 1, by amending the title of the Agreement to be:

“Justin Roth Plumbing Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2011 - 2015”

(b) At clause 5, by deleting “30 June 2014” and replacing it with “31 December 2015”;

(c) At clause 17, by:

(i) Renaming the clause “Consultation”

(ii) Inserting a new sub-heading - “Consultation About Major Workplace Change” - before subclause (1); and

(iii) After subclause (10), inserting:

“Consultation About Rosters or Ordinary Hours of Work

(11) The Employer is required to consult the employees to whom the Agreement applies about a change to their regular roster or ordinary hours of work.

(12) The employees may appoint a representative for the purposes of that consultation.

(13) For a change to the employees' regular roster or ordinary hours of work, the Employer is required to:

(a) provide information to the employees about the change; and

(b) invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

(c) consider any views given by the employees about the impact of the change.”

[4] The variation is approved and will come into operation on 9 May 2014.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE899102  PR550425>