DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Ltd
(AG2017/2642)

RHEEM AUSTRALIA PTY LTD, RHEEM SERVICE, VICTORIA AND CEPU PLUMBING DIVISION ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 21 AUGUST 2017

Application for approval of the Rheem Australia Pty Ltd, Rheem Service, Victoria and CEPU Plumbing Division Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rheem Australia Pty Ltd, Rheem Service, Victoria and CEPU Plumbing Division Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rheem Australia Pty Ltd T/As Rheem. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rheem Australia Pty Ltd, Rheem Service, Victoria and CEPU Plumbing Division sought approval of an enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the requirements for "independent" bargaining and the adequacy of the agreement in addressing the interests of the employees.

The Commission considered whether the bargaining process was genuinely independent and whether the agreement met the standards set by the Fair Work Act 2009. The Commission noted that the parties had engaged in good faith negotiations and that the agreement addressed key issues such as wages, conditions, and dispute resolution. It was further observed that the agreement provided for fair and reasonable terms and conditions for the employees. After careful consideration, the Commission was satisfied that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the Rheem Australia Pty Ltd, Rheem Service, Victoria and CEPU Plumbing Division Enterprise Agreement 2017. The decision was made on the basis that the agreement was the product of genuinely independent bargaining and provided for fair and reasonable terms and conditions for the employees. The approval was granted in accordance with the provisions of the Fair Work Act 2009.

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