Rheem Australia Pty Ltd

[2021] FWCA 7046

[2021] FWCA 7046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Ltd
(AG2021/8388)

RHEEM, SYDNEY AND NEWCASTLE SERVICE COLLECTIVE AGREEMENT, 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 9 DECEMBER 2021

Application for approval of the Rheem, Sydney and Newcastle Service Collective Agreement, 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rheem, Sydney and Newcastle Service Collective 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.

[2] The Applicant, who is also the employer covered by the Agreement, has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertaking. No objections were received from the bargaining representatives. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to s.190(3) of the Act, I accept the Undertaking.

[4] Subject to the Undertaking, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A