Rheem Australia Pty Ltd

[2023] FWCA 3141

[2023] FWCA 3141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rheem Australia Pty Ltd

(AG2023/3169)

MOORABBIN MANUFACTURING ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 SEPTEMBER 2023

Application for approval of the Moorabbin Manufacturing Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Moorabbin Manufacturing Enterprise Agreement 2023 (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 Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.58 of the Act, will commence operation on either 7 May 2024 after the current enterprise agreement[1] passes its nominal expiry date or at such earlier time should the current agreement be terminated prior to its nominal expiry date of 6 May 2024. The nominal expiry date of the Agreement is 3 years from the above commencement date.

COMMISSIONER

[1] AE511792

Printed by authority of the Commonwealth Government Printer

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