DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide
(AG2021/4201)

APPLICATION FOR APPROVAL OF THE RELIANCE WORLDWIDE QLD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 6 APRIL 2021

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

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

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and the AWU.

[3] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Reliance Worldwide Corporation (Aust) Pty Ltd, trading as Reliance Worldwide, for the approval of the Reliance Worldwide Qld Enterprise Agreement 2021. This application was made under the Fair Work Act 2009. The applicant sought to have the enterprise agreement registered to ensure it would have legal effect and be binding on its employees, who are members of the Finance Sector Union of Australia. The Union did not oppose the application, however, it did raise concerns about certain aspects of the agreement, which prompted the need for judicial oversight.

The legal issues before the court centred on whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, covered the appropriate scope of employees, and was fair and reasonable in terms of its provisions. The court also had to consider whether the agreement appropriately addressed the interests of both the employer and the employees. The Union's concerns primarily focused on whether the agreement adequately protected employee entitlements and conditions, particularly in relation to overtime and shift penalties.

The court examined the evidence presented by both parties and assessed the terms of the agreement against the statutory criteria set out in the Fair Work Act. It found that the agreement was made in good faith and covered the appropriate scope of employees. The court also determined that the provisions of the agreement were fair and reasonable, taking into account the need to balance the interests of both the employer and the employees. The court addressed the Union's concerns, finding that the agreement provided adequate protections for employee entitlements and conditions. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the Reliance Worldwide Qld Enterprise Agreement 2021 be approved and registered under the Fair Work Act. The agreement was to have effect from the date of the approval, binding both the employer and the employees covered by the agreement. This decision confirmed the legal validity of the enterprise agreement and ensured that it could be implemented in accordance with its terms.

Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established