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

[2022] FWCA 2234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1779)

Reliance Worldwide Qld Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 6 JULY 2022

Application for approval of the Reliance Worldwide QLD Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Reliance Worldwide QLD Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 AWU.

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 applicant, Reliance Worldwide Corporation, applied for approval of the Reliance Worldwide QLD Enterprise Agreement 2022. The application was heard by the Fair Work Commission (FWC), presided over by Commissioner L.M. Smith. The dispute centred around the terms and conditions of employment for workers within the Queensland operations of the company, and whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The key legal issues that the FWC had to resolve were whether the agreement was a genuinely negotiated agreement, whether it met the provisions of the "better off overall test" as stipulated by the Fair Work Act, and whether it complied with the disclosure and consultation requirements under the Act. Additionally, the FWC considered whether the proposed agreement had been appropriately negotiated with genuine employee representatives and if it contained the necessary minimum terms and conditions.

The FWC examined the evidence provided by the parties, including the negotiation process, the terms of the agreement, and the consultation with the employees. The FWC found that the agreement had been genuinely negotiated, met the better off overall test, and complied with the disclosure and consultation requirements. The FWC also determined that the agreement had been negotiated with genuine employee representatives and contained the necessary minimum terms and conditions. Consequently, the FWC approved the Reliance Worldwide QLD Enterprise Agreement 2022.

The FWC ordered that the Reliance Worldwide QLD Enterprise Agreement 2022 be approved and registered, effective from the date of the FWC's decision. The agreement will now form the basis of the employment conditions for the workers within the Queensland operations of Reliance Worldwide Corporation.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established