DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance Worldwide Corporation (Aust) Pty Ltd
(AG2021/4161)

RELIANCE WORLDWIDE DANDENONG ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 MARCH 2021

Application for approval of the Reliance Worldwide Dandenong Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Reliance Worldwide Dandenong Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reliance Worldwide Corporation (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 March 2021 and, in accordance with s.54, will operate from 26 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Reliance Worldwide Corporation (Aust) Pty Ltd applied for the approval of the Reliance Worldwide Dandenong Enterprise Agreement 2021 by the Fair Work Commission. The application was opposed by the Shop, Distributive and Allied Employees' Association (SDA), the sole registered union for the employees of the company. The dispute centred on the fairness and appropriateness of various provisions of the agreement, particularly those concerning wages, hours of work, and redundancy entitlements.

The key legal issues before the Commission were whether the terms of the agreement were procedurally and substantively fair. Procedural fairness was assessed based on the process by which the agreement was negotiated, while substantive fairness examined whether the terms of the agreement were reasonable and equitable in the context of the industry and the economic conditions. The SDA argued that the agreement did not adequately protect employees' rights and entitlements, particularly in the areas of wage progression, penalty rates, and redundancy payments.

In delivering its decision, the Fair Work Commission examined the evidence provided by both parties, including submissions, witness testimonies, and relevant industry benchmarks. The Commission found that while some of the provisions in the agreement did not fully align with the union's expectations, they were not unreasonable given the economic context and the need for the company to remain competitive. The Commission concluded that the agreement was fair and reasonable, and thus approved the Reliance Worldwide Dandenong Enterprise Agreement 2021. This decision was based on a balanced consideration of the interests of both the employer and the employees, ensuring that the agreement met the necessary standards of fairness and equity.

Reliance Worldwide Corporation (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established