Rheem Australia Pty Ltd

[2025] FWCA 1772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rheem Australia Pty Ltd

(AG2025/1384)

RHEEM THERMAL REVESBY MANUFACTURING ENTERPRISE BARGAINING AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 27 MAY 2025

Application for approval of the Rheem Thermal Revesby Manufacturing Enterprise Bargaining Agreement 2025

An application has been made for approval of an enterprise agreement known as the Rheem Thermal Revesby Manufacturing Enterprise Bargaining Agreement 2025 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rheem Australia Pty Ltd applied to the Fair Work Commission for the approval of the Rheem Thermal Revesby Manufacturing Enterprise Bargaining Agreement 2025. The application was brought by Rheem Australia Pty Ltd, the employer, against the Australian Manufacturing Workers' Union, representing the employees. The dispute centred around the validity and fairness of the proposed enterprise bargaining agreement and whether it should be approved and registered under the Fair Work Act 2009.

The legal issues the court needed to resolve included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it contained terms that were in the best interests of the employees. The court also had to consider whether the agreement met the "better off overall test", ensuring that employees were not worse off financially than they were under their previous conditions of employment.

The Fair Work Commission found that the Rheem Thermal Revesby Manufacturing Enterprise Bargaining Agreement 2025 had been made in accordance with the procedural requirements of the Act, and that the agreement contained terms that were in the best interests of the employees. The Commission concluded that the agreement met the "better off overall test" and approved the agreement, ordering that it be registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established