Rheem Australia Pty Limited Summary

[2024] FWCA 3080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rheem Australia Pty Limited

(AG2024/2402)

RHEEM, SYDNEY AND NEWCASTLE SERVICE COLLECTIVE AGREEMENT, 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 23 AUGUST 2024

Application for approval of the Rheem, Sydney and Newcastle Service Collective Agreement, 2024

Rheem Australia Pty Limited has applied for approval of a single enterprise agreement known as the Rheem, Sydney and Newcastle Service Collective Agreement, 2024 (the Agreement).

On the papers 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 Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 30 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

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 matter before the Fair Work Commission was an application for the approval of a collective agreement between Rheem Australia Pty Limited and its employees in the Sydney and Newcastle regions. The agreement in question aimed to regulate various terms and conditions of employment for the employees, including wages, hours of work, and other workplace provisions. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing whether the agreement met the legal criteria for approval, particularly whether it provided for fair and reasonable terms and conditions.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were no less favourable than the applicable awards and regulations. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving workplace disputes and whether it met the requirements for being a simple, direct, and easily understandable document. The central question was whether the agreement was consistent with the provisions of the Fair Work Act and could be approved as a lawful and effective means of regulating employment conditions.

The Commission found that the Rheem, Sydney and Newcastle Service Collective Agreement, 2024, met the necessary legal standards. It provided for terms and conditions that were at least as favourable as those set out in the relevant awards and regulations. The agreement included provisions for dispute resolution that were deemed adequate and in line with the principles of fairness and efficiency. The document itself was clear and straightforward, meeting the legislative requirement for simplicity and directness. Consequently, the Commission approved the agreement, finding it to be a lawful and effective means of regulating the employment conditions of the employees covered by the agreement.

Rheem Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established