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

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 approval of the Rheem, Sydney and Newcastle Service Collective Agreement, 2021. The application was made in accordance with the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees working in the Sydney and Newcastle service sectors under the proposed agreement. The Fair Work Commission was required to determine whether the agreement was suitable for approval under the Fair Work Act. Specifically, the Commission had to assess whether the agreement met the criteria for modern awards and if it complied with the provisions of the Act.

The Commission examined the agreement to ensure it provided for fair and reasonable terms and conditions of employment. This included assessing the agreement against the Fair Work Act's objectives of creating a fair work environment and ensuring employees were treated equitably. The Commission also considered whether the agreement provided for appropriate minimum rates of pay, entitlements, and other employment conditions. The Commission took into account submissions from both Rheem Australia and the relevant employee representatives. After careful consideration, the Commission determined that the Rheem, Sydney and Newcastle Service Collective Agreement, 2021, met the criteria for approval. The agreement was found to be fair and reasonable, providing for appropriate minimum rates of pay, entitlements, and other employment conditions.

The Fair Work Commission approved the Rheem, Sydney and Newcastle Service Collective Agreement, 2021, effective from the date of the decision. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, in line with the objectives of the Fair Work Act. The Commission's decision was based on the comprehensive assessment of the agreement against the statutory criteria and the submissions from both Rheem Australia and the relevant employee representatives. The approval of the agreement ensures that employees in the Sydney and Newcastle service sectors will benefit from fair and reasonable employment conditions.

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