DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Ltd T/A Rheem
(AG2018/946)

MOORABBIN MANUFACTURING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JULY 2018

Application for approval of the Moorabbin Manufacturing Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Moorabbin Manufacturing 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, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2018. The nominal expiry date of the Agreement is 8 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rheem Australia Pty Ltd, trading as Rheem, applied for the approval of the Moorabbin Manufacturing Enterprise Agreement 2018. The applicant sought the Fair Work Commission's approval under section 231 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees within the Moorabbin manufacturing enterprise, specifically those related to wages, hours of work, and other employment conditions.

The legal issues the court had to address included whether the agreement provided fair and reasonable terms for the employees and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court needed to determine if the agreement met the criteria for "better off overall" as required by the legislation. The court had to examine the provisions of the agreement and the evidence presented to ascertain if it offered a balance of benefits and detriments that would be reasonably acceptable to the employees.

The Fair Work Commission found that the agreement provided fair and reasonable terms for the employees. The commission concluded that the agreement met the statutory requirements and would be "better off overall" for the employees. The agreement included provisions for wage increases, additional leave entitlements, and other benefits that the commission deemed adequate. The commission also found that the agreement had been negotiated in good faith and that the employees had been adequately informed about the agreement. The court approved the agreement, thereby resolving the dispute in favour of the applicant.

The final orders included the approval of the Moorabbin Manufacturing Enterprise Agreement 2018, with specific terms and conditions as outlined in the agreement. The approval was contingent upon the continued compliance with the Fair Work Act and any other relevant legislative requirements.

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