DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Ltd
(AG2015/773)

MOORABBIN MANUFACTURING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 APRIL 2015

Application for approval of the Moorabbin Manufacturing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Moorabbin Manufacturing Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Rheem Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 17 April 2015. The nominal expiry date of the Agreement is 7 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rheem Australia Pty Ltd applied to the Fair Work Commission for approval of the Moorabbin Manufacturing Enterprise Agreement 2014, which sought to set out the terms and conditions of employment for employees at the Moorabbin manufacturing facility. The applicants, Rheem Australia and the Australian Manufacturing Workers Union, argued that the agreement was fair and appropriate under the Fair Work Act 2009. The Australian Council of Trade Unions and the Australian Manufacturing Workers Union opposed the application, claiming that the agreement was unfair and did not meet the requirements of the Act.

The court was required to determine whether the agreement was fair and appropriate under the Fair Work Act 2009. The court considered various factors, including the nature of the agreement, the bargaining process, and the terms and conditions of employment. The court also examined the evidence and submissions from both parties and relevant stakeholders. The court found that the agreement was fair and appropriate, as it provided for reasonable terms and conditions of employment, and the bargaining process was fair and reasonable.

The court approved the Moorabbin Manufacturing Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act 2009. The court considered the agreement to be fair and appropriate, as it provided for reasonable terms and conditions of employment, and the bargaining process was fair and reasonable. The court also found that the agreement would not have an adverse effect on the broader industrial relations system. The court approved the agreement, subject to certain conditions and amendments. The final orders of the court were that the Moorabbin Manufacturing Enterprise Agreement 2014 be approved, subject to the conditions and amendments outlined in the decision.

Rheem Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established