DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipeline Products
(AG2021/5049)

ROCLA PTY LTD - GAILES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 2 JULY 2021

Application for variation of the Rocla Pty Ltd - Gailes Enterprise Agreement 2020.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Rocla Pty Ltd - Gailes Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Rocla Pty Ltd T/A Rocla Pipeline Products (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant filed a statutory declaration in support of the application which was declared by Allyson Urquhart, Senior HR Business Partner of the Applicant.

[3] The variation can be found at Attachment 1 to this decision.

[4] The Applicant has provided written undertakings and the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I am satisfied that the variation at Attachment 1 continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act.

[6] The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[7] The variation to the Agreement is approved and will operate in accordance with s.216 of the Act.

[8] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment 1

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipeline Products, applied to the Fair Work Commission for a variation to the Rocla Pty Ltd - Gailes Enterprise Agreement 2020. The application was brought under section 237 of the Fair Work Act 2009, seeking changes to the enterprise agreement to allow for the operation of a second shift and for the implementation of a new roster system. The Gailes Branch of the Australian Manufacturing Workers' Union opposed the application.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were in the best interests of the employees covered by the agreement. The Commission needed to consider whether the changes would provide for better working conditions and outcomes for the employees, and whether any adverse effects on the employees could be justified. The Commission also needed to consider whether the changes were necessary to allow the employer to remain competitive and viable.

The Commission found that the proposed changes to the enterprise agreement were in the best interests of the employees. The Commission noted that the changes would allow for the operation of a second shift, which would provide for greater flexibility and potentially increase job security for the employees. The Commission also found that the changes would provide for a new roster system, which would provide for more predictable and stable work arrangements for the employees. The Commission was satisfied that any adverse effects on the employees could be justified by the benefits of the changes, and that the changes were necessary to allow the employer to remain competitive and viable. The Commission accordingly approved the application for variation of the enterprise agreement.

Rocla Pty Ltd T/A Rocla Pipeline Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established