DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide
(AG2018/383)

RELIANCE WORLDWIDE QLD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 29 MAY 2018

Application for approval of the Reliance Worldwide Qld Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Reliance Worldwide Qld Enterprise Agreement 2018 (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 T/A Reliance Worldwide. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Reliance Worldwide Corporation (Aust) Pty Ltd, trading as Reliance Worldwide, and the Transport Workers' Union of Australia, which sought approval of the Reliance Worldwide Queensland Enterprise Agreement 2018. The application for approval was heard in the Fair Work Commission (FWC), the body responsible for regulating the terms and conditions of employment in Australia. The Transport Workers' Union of Australia represented the interests of employees in the dispute.

The primary legal issue before the FWC was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in the course of genuine bargaining, whether it met the "better off overall test" (BOOT) by ensuring employees were no worse off and ideally better off, and whether it contained appropriate mechanisms for dispute resolution and compliance. The FWC also considered whether the agreement included appropriate provisions for the protection of employees' rights and interests.

The FWC found that the Enterprise Agreement was made in the course of genuine bargaining and satisfied the BOOT. The agreement provided for appropriate mechanisms for dispute resolution and compliance, as well as adequate protections for employees' rights and interests. The FWC approved the Enterprise Agreement, recognising its overall benefits to the employees and the fairness of the terms negotiated.

The FWC made an order approving the Reliance Worldwide Queensland Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the agreement and ensure compliance 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