Resero Pty Ltd

[2025] FWCA 459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resero Pty Ltd

(AG2025/171)

2025 RESERO PTY LTD EMPLOYEE ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 5 FEBRUARY 2025

Application for approval of the 2025 Resero Pty Ltd Employee Enterprise Agreement

Resero Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the 2025 Resero Pty Ltd Employee Enterprise Agreement (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

National Employment Standards

I observe that clause 3.7 of the Agreement provides that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Resero Pty Ltd, sought approval of a proposed enterprise agreement under section 178 of the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for certain employees of the company. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement was in the interests of employees and whether it contained the minimum terms and conditions mandated by the Act.

The Commission found that the proposed agreement was in the interests of the employees, as it provided for a pay increase and contained terms that were fair and reasonable. The agreement also contained the minimum terms and conditions required by the Act. Therefore, the Commission approved the proposed agreement, subject to certain minor modifications. These modifications were made to ensure compliance with the Act and to address some of the concerns raised by the parties during the hearing.

The Commission's final order was that the 2025 Resero Pty Ltd Employee Enterprise Agreement be approved, subject to the modifications made by the Commission. The agreement was to be registered by the Registrar of the Fair Work Commission and would come into effect on the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established