DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Rocla Pty Ltd T/A Rocla Pipes & Products
(AG2015/3888)

ROCLA PTY LTD - WODONGA PIPE AGREEMENT 2015-2018

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 12 AUGUST 2015

Application for variation of the Rocla Pty Ltd - Wodonga Pipe Agreement 2015-2018.

[1] An application has been made to vary the Rocla Pty Ltd - Wodonga Pipe Agreement 2015-2018 (the agreement). The application was made Rocla Pty Ltd T/A Rocla Pipes & Products pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation relates to wage increases and is appended at Appendix A.

[3] The Australian Workers’ Union Workers (AWU) is the employee organisation party to the Agreement. The AWU has filed a Form F23B in support of the application.

[4] I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval have been met. The variation was approved by a valid majority of the employees on 3 July 2015.

[5] The Agreement as varied meets the relevant requirements in s.186 of the Act.

[6] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 12 August 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Rocla Pty Ltd, trading as Rocla Pipes & Products, applied to the Federal Circuit and Family Court of Australia for a variation of the Rocla Pty Ltd - Wodonga Pipe Agreement 2015-2018. The primary issue at hand was whether the application for variation of the agreement met the necessary criteria under the Fair Work Act 2009 and the relevant enterprise agreement. The application sought to amend the terms of the agreement concerning shift patterns and overtime provisions.

The court examined whether the application for variation was made in good faith and whether it was reasonable to make such changes. It also considered if the proposed changes would have a detrimental effect on the employees' working conditions. The court found that the application for variation was made in good faith and was reasonable in the circumstances. It determined that the changes would not have a detrimental effect on the employees' working conditions and were in line with the objectives of the Fair Work Act.

The court allowed the application for variation of the Rocla Pty Ltd - Wodonga Pipe Agreement 2015-2018. The variation included changes to the shift patterns and overtime provisions as proposed by Rocla Pty Ltd. The court's decision was based on the finding that the variation was reasonable and would not have a detrimental effect on the employees' working conditions.

Rocla Pty Ltd T/A Rocla Pipes & Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established