DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance Worldwide Corporation (Aust.) Pty. Ltd
(AG2015/1853)

RELIANCE WORLDWIDE ENTERPRISE DANDENONG AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 FEBRUARY 2015

Application for approval of the Reliance Worldwide Enterprise Dandenong Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Reliance Worldwide Enterprise Dandenong 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has 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 that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 February 2015. The nominal expiry date of the Agreement is 31 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Reliance Worldwide Corporation (Aust.) Pty. Ltd applied for approval of the Reliance Worldwide Enterprise Dandenong Agreement 2015, which was intended to cover its employees at the Dandenong site. The applicant argued that the agreement, which included terms such as pay rates, leave provisions, and penalty rates, was a lawful agreement that complied with the Fair Work Act 2009. The dispute arose as some employees contested the agreement, raising concerns over the terms and conditions proposed in the agreement.

The legal issues before the Commission involved determining whether the agreement was a lawful agreement under the Fair Work Act, if the agreement had been made freely and voluntarily without any coercion, and if the agreement met the requirements for approval under the Fair Work Act. The Commission had to examine the process by which the agreement was made, including whether proper consultation had taken place and if the agreement was in the best interests of the employees.

The Commission found that the agreement was a lawful agreement and had been made freely and voluntarily by the parties. The Commission determined that the agreement was in the best interests of the employees and met the requirements for approval under the Fair Work Act. The Commission approved the agreement, finding that it provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Reliance Worldwide Enterprise Dandenong Agreement 2015, finding that it was a lawful agreement that had been made freely and voluntarily, and that it met the requirements for approval under the Fair Work Act. The Commission found that the agreement provided fair and reasonable terms and conditions of employment for the employees covered by 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