Rheinmetall Defence Australia Pty Ltd T/A Rheinmetall

[2022] FWCA 318

[2022] FWCA 318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rheinmetall Defence Australia Pty Ltd T/A Rheinmetall

(AG2021/8579)

Rheinmetall Defence Australia Enterprise Agreement 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the Rheinmetall Defence Australia Enterprise Agreement 2020

1. An application has been made for approval of an enterprise agreement known as the Rheinmetall Defence Australia Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rheinmetall Defence Australia Pty Ltd T/A Rheinmetall. The Agreement is a single enterprise agreement.

1. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 38.8(a) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking at Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. A disagreement arose between the Employer and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) as to whether the AMWU was a bargaining representative. Having assessed the AMWU’s list of members and each of the nomination forms provided by the Employer, I determined that the AMWU was at one point during the bargaining process a bargaining representative. The AMWU has given notice under s.183 of the Act that they want the Agreement to cover them and in accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 10 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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<AE514374  PR738008>

Annexure A