Rheem Australia Pty Ltd

[2021] FWCA 6800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Ltd
(AG2021/8341)

RHEEM AUSTRALIA PTY LTD RYDALMERE WAREHOUSE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 NOVEMBER 2021

Application for approval of the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2021

[1] Rheem Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers' Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

[4] The Agreement was approved on 23 November 2021 and, in accordance with s 54, will operate from 30 November 2021. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

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 Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2021. The applicant sought approval of the enterprise agreement, which was intended to cover employees working at the Rydalmere warehouse. The Fair Work Commission, in particular, Justice McCabe, was the body before which the matter was brought.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for being a "simplified procedure agreement" under section 233 of the Act, which allows for a more streamlined process if certain conditions are satisfied. The applicant argued that the agreement was appropriate for this simplified procedure and thus should be approved.

The court examined the provisions of the agreement and found that it complied with the necessary statutory requirements. The agreement covered a small group of employees, and the terms were clear and comprehensive. The court also considered the process through which the agreement was negotiated and concluded that it was conducted fairly and in good faith. Therefore, the court approved the enterprise agreement, finding that it met all the legal criteria for a simplified procedure agreement.

The final order of the court was the approval of the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2021, which is now legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established