DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance Worldwide Corporation (Aust.) Pty. Ltd
(AG2015/1839)

RELIANCE WORLDWIDE QLD CERTIFIED AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Reliance Worldwide Qld Certified Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Reliance Worldwide Qld Certified Agreement 2015 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 19 February 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 31 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Deputy President was an application by Reliance Worldwide Corporation (Aust.) Pty. Ltd for the approval of the Reliance Worldwide Qld Certified Agreement 2015. The applicant, an employer, sought to have the proposed agreement certified as a single-employer agreement under the Fair Work Act 2009. The proposed agreement was the outcome of negotiations between the applicant and the Queensland Council of Trade Unions, acting as the certified union for the purposes of the negotiations. The applicant argued that the agreement should be certified because it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Deputy President centred on whether the proposed agreement met the criteria for certification under the Fair Work Act. Specifically, the Deputy President needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The applicant argued that the proposed agreement was a genuine product of negotiation, was fair and reasonable, and met all the legislative requirements for certification. The certified union did not oppose the application, but argued that certain aspects of the agreement could be improved to better reflect the needs of the employees.

The Deputy President found that the proposed agreement met all the requirements for certification under the Fair Work Act. The Deputy President noted that the agreement had been the product of genuine negotiation between the parties and contained terms and conditions that were fair and reasonable. The Deputy President also found that the agreement had been made in good faith and met all the legislative requirements for certification. The Deputy President certified the proposed agreement as a single-employer agreement, effective from the date of the decision.

The Deputy President made an order certifying the Reliance Worldwide Qld Certified Agreement 2015 as a single-employer agreement under the Fair Work Act. The agreement was to be registered by the applicant with the Fair Work Commission within 14 days of the decision. The Deputy President also ordered that the agreement would be available for inspection by any person upon written request to the applicant. The applicant was directed to take all necessary steps to give effect to the agreement, including providing copies of the agreement to all affected employees. The certified union was directed to take all necessary steps to ensure that its members were aware of the terms and conditions of the agreement.

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