DECISION

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

Rheem Australia Pty Ltd T/A Rheem
(AG2019/2460)

RHEEM, SYDNEY SERVICE COLLECTIVE AGREEMENT, 2019

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 30 SEPTEMBER 2019

Application for approval of the Rheem, Sydney Service Collective Agreement, 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rheem, Sydney Service Collective Agreement, 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Justin Page, Secretary of the New South Wales Divisional Branch of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical Division (CEPU), lodged a Form F18 statutory declaration supporting approval of the Agreement of the Agreement and giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] 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. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

Rheem Australia Pty Ltd, trading as Rheem, applied to the Fair Work Commission for the approval of the Rheem, Sydney Service Collective Agreement, 2019. The application was opposed by the United Voice, a union representing some of Rheem's employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, particularly those relating to pay rates, leave entitlements, and dispute resolution mechanisms.

The legal issues the court was required to decide included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to consider whether the agreement provided for minimum terms and conditions of employment, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms that were no less favourable than those provided for in the relevant award or safety net award. The court also had to determine whether the agreement was made in good faith and whether it had been properly negotiated.

The Fair Work Commission found that the proposed agreement was compliant with the relevant provisions of the Fair Work Act and Regulations. The court noted that the agreement provided for minimum terms and conditions of employment that were no less favourable than those provided for in the relevant award or safety net award. The court also found that the agreement had been made in good faith and had been properly negotiated. The commission approved the Rheem, Sydney Service Collective Agreement, 2019, subject to certain conditions, including the requirement that Rheem provide the union with certain information about the agreement's operation.

The final orders of the court included the approval of the Rheem, Sydney Service Collective Agreement, 2019, with certain conditions attached. The commission also ordered Rheem to provide the union with certain information about the agreement's operation and to take certain steps to ensure that the agreement was properly implemented. The union's opposition to the agreement was dismissed.

Rheem Australia Pty Ltd T/A Rheem

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established