DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rinnai Australia Pty Ltd T/A Rinnai
(AG2015/2259)

RINNAI AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 APRIL 2015

Application for approval of the Rinnai Australia Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rinnai Australia Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rinnai Australia Pty Ltd T/A Rinnai. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 4 December 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this matter were Rinnai Australia Pty Ltd, trading as Rinnai, and the Australian Manufacturing Workers' Union. The dispute before the court was the application for the approval of the Rinnai Australia Enterprise Bargaining Agreement 2015. The case was heard by the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issue before the court was whether the proposed enterprise bargaining agreement met the requirements of section 233 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for a fair and efficient system for resolving disputes between the parties and their employees. Additionally, the court examined whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

In delivering its decision, the court noted that the agreement contained provisions for the resolution of disputes that were clear and accessible. The court was satisfied that the agreement provided for an efficient system for resolving disputes, as it included provisions for conciliation and, where necessary, arbitration. The court also found that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. Therefore, the court was satisfied that the agreement met the requirements of the Fair Work Act and approved the Rinnai Australia Enterprise Bargaining Agreement 2015.

The court's decision to approve the enterprise bargaining agreement means that it is now legally binding on all parties and their employees. The agreement sets out the terms and conditions of employment for employees of Rinnai Australia Pty Ltd and will govern their working arrangements going forward.

Rinnai Australia Pty Ltd T/A Rinnai

DECISION

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Background to the litigation

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Legal Principle Established