Reliance Worldwide Corporation (Aust) Pty Ltd

[2022] FWCA 1985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Reliance Worldwide Corporation (Aust) Pty Ltd

(AG2022/1728)

Reliance Worldwide Dandenong Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 17 JUNE 2022

Application for approval of the Reliance Worldwide Dandenong Enterprise Agreement 2022.

Reliance Worldwide Corporation (Aust) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Reliance Worldwide Dandenong Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 17 June 2022 and, in accordance with s.54, will operate from 24 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Reliance Worldwide Corporation (Aust) Pty Ltd sought approval for the Reliance Worldwide Dandenong Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for certain employees of the corporation, which was contested by the employees through their representative, the Retail and Fast Food Workers Union. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal requirements for approval.

The primary legal issue before the court was whether the agreement contained all the mandated terms as stipulated by the Fair Work Act 2009, including provisions for minimum wages, penalty rates, and other employment conditions. Additionally, the court had to assess whether the agreement was made in good faith and whether it provided for the proper process for resolving workplace disputes.

In delivering its decision, the Fair Work Commission found that the agreement contained all the mandatory terms required by the Act and was made in good faith. The Commission also determined that the agreement provided for adequate processes for resolving workplace disputes. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

As a result of the court's approval, the Reliance Worldwide Dandenong Enterprise Agreement 2022 was adopted, and the terms and conditions set out in the agreement became binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established