Rheem Australia Pty Ltd
[2022] FWCA 856
•11 MARCH 2022
| [2022] FWCA 856 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Rheem Australia Pty Ltd
(AG2022/434)
rheem rydalmere manufacturing enterprise agreement 2021
| Manufacturing and associated industries | |
| Commissioner Matheson | SYDNEY, 11 MARCH 2022 |
Application for approval of the Rheem Rydalmere Manufacturing Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Rheem Rydalmere Manufacturing Enterprise Agreement 2021 (Agreement). The application was made by Rheem Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative were sought and no objections were raised in relation to the Undertakings. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”. known as the Australian Manufacturing Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2022. The nominal expiry date of the Agreement is 9 September 2024.
COMMISSIONER
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Annexure A
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