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

[2024] FWCA 1570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/1320)

RELIANCE WORLDWIDE QLD ENTERPRISE AGREEMENT 2023-2026

Metal manufacturing industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 APRIL 2024

Application for approval of the Reliance Worldwide QLD Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Reliance Worldwide QLD Enterprise Agreement 2023-2026 (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 Agreement is a single enterprise agreement. If the Commission is satisfied that the requirements in sections 186 and 187 of the Act are met it must approve the Agreement.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in subsections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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.

The Agreement was approved on 30 April 2024 and, in accordance with s.54, will operate from 7 May 2024. The nominal expiry date of the Agreement at clause 5 is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Reliance Worldwide Corporation (Aust.) Pty. Ltd. T/A Reliance Worldwide Corporation for the approval of the Reliance Worldwide QLD Enterprise Agreement 2023-2026. The application was made to the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The primary dispute concerned whether the proposed agreement met the necessary criteria for being registered as a single-employer enterprise agreement.

The key legal issues before the FWC were whether the proposed agreement was a "single appropriate procedure" (SAP) agreement, and if it complied with all statutory requirements for approval. The FWC needed to determine if the agreement was fairly negotiated, included all mandatory terms, and was in the best interests of the employees. The court also examined if there were any procedural irregularities or unfair treatment of employees during the negotiation process.

In its decision, the FWC found that the proposed agreement satisfied the statutory criteria for approval. The FWC noted that the negotiation process was fair and that the agreement contained all necessary mandatory terms. The FWC concluded that the agreement was in the best interests of the employees and did not contain any provisions that would be detrimental to them. The FWC also found no procedural irregularities or unfair treatment during the negotiation process.

The FWC approved the Reliance Worldwide QLD Enterprise Agreement 2023-2026 and ordered that it be registered. This decision provided certainty for both the employer and the employees regarding the terms of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established