DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Limited
(AG2016/4378)

ACCENT AIR LIVERPOOL MANUFACTURING ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2016

Application for approval of the Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rheem Australia Pty Limited. 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] 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 Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Rheem Australia Pty Limited, sought approval of a proposed enterprise bargaining agreement. The dispute was heard by the Fair Work Commission (FWC). The crux of the matter lay in the interpretation of certain provisions within the proposed Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2016, specifically those relating to employee entitlements and procedural fairness. Rheem argued that the agreement, if approved, would provide a balanced and fair framework for employment conditions and dispute resolution. The opposition was concerned that certain clauses could potentially undermine employee rights and procedural fairness.

The FWC was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and efficient enterprise bargaining, and if it contained appropriate mechanisms for resolving disputes. Furthermore, the Commission had to examine whether the proposed agreement adequately protected the interests of both the employer and employees, ensuring that it did not undermine the safety nets provided by the National Employment Standards and the Fair Work Act.

In its decision, the FWC found that the proposed agreement met the necessary criteria for approval. The Commission considered the arguments presented by both parties and concluded that the agreement was fair and balanced. The FWC noted that the agreement contained adequate provisions for resolving disputes and that it did not adversely affect the rights of employees. The Commission was satisfied that the agreement provided a framework that facilitated efficient enterprise bargaining and protected the interests of both employers and employees. Consequently, the FWC approved the proposed Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2016.

The Fair Work Commission approved the Accent Air Liverpool Manufacturing Enterprise Bargaining Agreement 2016, subject to the terms and conditions outlined in the decision. The approval ensures that the agreement will provide a fair and balanced framework for employment conditions and dispute resolution within the enterprise.

Rheem Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established