DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Ltd T/A Rheem
(AG2018/4965)

RHEEM AUSTRALIA PTY LTD RYDALMERE WAREHOUSE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2018 (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/A Rheem. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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 the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 5 February 2019 and, in accordance with s.54, will operate from 12 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rheem Australia Pty Ltd T/A Rheem applied to the Fair Work Commission for the approval of an enterprise agreement, the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2018. The agreement was submitted by Rheem to cover their employees who work at the Rydalmere warehouse. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for approval.

The central legal issue for the Commission was whether the agreement was a lawful and appropriate enterprise agreement under the Fair Work Act. This involved assessing the process by which the agreement was made, including whether it was made in good faith and whether it met the procedural requirements set out in the Act. Additionally, the Commission needed to consider if the agreement contained terms and conditions that were fair and reasonable, and whether it complied with the minimum standards set by the Act.

The Commission found that the agreement was made in good faith and followed the necessary procedures. It also determined that the terms and conditions of the agreement were fair and reasonable. The Commission noted that the agreement provided for a fair and efficient workplace while maintaining a good balance of interests between the employer and employees. Consequently, the Commission approved the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2018.

The Fair Work Commission approved the Rheem Australia Pty Ltd Rydalmere Warehouse Enterprise Agreement 2018, effective from the date of the decision. The agreement now forms the basis for the terms and conditions of employment for the employees covered by the agreement, subject to any variations or modifications that may be agreed upon in the future.

Rheem Australia Pty Ltd T/A Rheem

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established