Rheem Australia Pty Ltd T/A Rheem Australia
[2022] FWCA 3016
•31 AUGUST 2022
| [2022] FWCA 3016 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rheem Australia Pty Ltd T/A Rheem Australia
(AG2022/3413)
Rheem Thermal Revesby Manufacturing Enterprise Bargaining Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 31 AUGUST 2022 |
Application for approval of the Rheem Thermal Revesby Manufacturing Enterprise Bargaining Agreement 2022.
Rheem Australia Pty Ltd T/A Rheem Australia (the Employer) has made an application for the approval of the Rheem Thermal Revesby Manufacturing Enterprise Bargaining Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 22(1) – Termination of Employment and Clause 23 – Personal Leave are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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