Recharge Industries Pty Ltd T/A Recharge Industries

[2022] FWCA 3053 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Recharge Industries Pty Ltd T/A Recharge Industries

(AG2022/3523)

Australian Workers’ Union & Recharge Industries Agreement 2022 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 SEPTEMBER 2022

Application for approval of the Australian Workers’ Union & Recharge Industries Agreement 2022 - 2026

Recharge Industries Pty Ltd T/A Recharge Industries (the Employer) has made an application for approval of a greenfields agreement known as the Australian Workers’ Union & Recharge Industries Agreement 2022 - 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (UWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the UWU and that the Agreement covers this organisation.

The Agreement was approved on 2 September 2022 and, in accordance with s 54, will operate from 9 September 2022. The nominal expiry date of the Agreement is 1 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Recharge Industries Pty Ltd, trading as Recharge Industries, applied to the Fair Work Commission for approval of the Australian Workers’ Union & Recharge Industries Agreement 2022-2026. The dispute centred around the terms of the proposed enterprise agreement, which sought to govern the employment conditions of employees within Recharge Industries. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was in the best interests of the employees, whether it complied with the good faith bargaining provisions, and whether it met the minimum entitlements and conditions as prescribed by the Fair Work Act. The Commission had to scrutinise the proposed agreement to ensure it did not unfairly disadvantage the employees or contravene any statutory provisions.

In reaching its decision, the Commission considered the evidence presented by both parties and the broader implications of the proposed agreement on the employees. The Commission found that the agreement was in the best interests of the employees, met the requirements of good faith bargaining, and did not breach any statutory provisions. Consequently, the Commission approved the Australian Workers’ Union & Recharge Industries Agreement 2022-2026, providing a framework for the employment conditions of the employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established