Rheem Australia Pty Ltd

[2021] FWCA 3338

[2021] FWCA 3338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rheem Australia Pty Ltd
(AG2021/5326)

MOORABBIN MANUFACTURING ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 JUNE 2021

Application for approval of the Moorabbin Manufacturing Enterprise Agreement 2021.

[1] Rheem Australia Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Moorabbin Manufacturing 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 1 June 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters, including through the provision of an undertaking.

[3] The Applicant has submitted an undertaking in the required form dated 3 June 2021. The undertaking defines a MySuper product as the default superannuation fund in accordance with s.194(h)(i).

[4] A copy of the undertaking has been provided to the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), as bargaining representatives to the Agreement, and I have sought their views in accordance with s.190(4) of the Act. The AMWU did not object to the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The AMWU 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 this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 6 May 2024.

COMMISSIONER

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