DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rheem Australia Pty Ltd T/A Rheem
(AG2016/2706)

RHEEM, SYDNEY SERVICE COLLECTIVE AGREEMENT 2016

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 13 MAY 2016

Application for approval of the Rheem, Sydney Service Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rheem, Sydney Service Collective Agreement 2016 (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 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rheem Australia Pty Ltd, trading as Rheem, applied for approval of the Rheem, Sydney Service Collective Agreement 2016. The applicant sought the Fair Work Commission's (FWC) approval of the agreement, which was negotiated between Rheem and the Australian Manufacturing Workers' Union (AMWU). Rheem is a company that manufactures and distributes water heaters and other heating and cooling products. The dispute arose from negotiations over the terms and conditions of employment for Rheem's service employees in Sydney. The FWC heard the application.

The primary legal issue before the FWC was whether the Rheem, Sydney Service Collective Agreement 2016 met the requirements for approval under the Fair Work Act 2009. The FWC had to consider if the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The FWC also needed to ensure that the agreement complied with any relevant minimum standards set by the Act.

The FWC examined the Rheem, Sydney Service Collective Agreement 2016 and found that it provided for fair and reasonable terms and conditions of employment. The FWC considered various factors, including the nature of the work, the bargaining power of the parties, and the overall fairness of the agreement. The FWC also determined that the agreement complied with all relevant minimum standards. Consequently, the FWC approved the Rheem, Sydney Service Collective Agreement 2016. The decision was made on the basis that the agreement was fair, reasonable, and met the legal requirements for approval.

The Fair Work Commission approved the Rheem, Sydney Service Collective Agreement 2016. This decision means that the terms and conditions set out in the agreement will apply to Rheem's service employees in Sydney, providing them with certainty and protection in their employment. The approval ensures that the agreement complies with the Fair Work Act 2009 and meets the legal standards for collective agreements.

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