DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Aluminium Pty Ltd T/A Rapid Aluminium
(AG2015/6728)

RAPID ALUMINIUM ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the Rapid Aluminium Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Aluminium Enterprise 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 Rapid Aluminium Pty Ltd T/A Rapid Aluminium. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on and, in accordance with s.54, will operate from 4 December 2015. The nominal expiry date of the Agreement is 27 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rapid Aluminium Pty Ltd trading as Rapid Aluminium, sought approval of the Rapid Aluminium Enterprise Agreement 2015, from the Fair Work Commission. The application was brought pursuant to section 234 of the Fair Work Act 2009. The respondent, the Building and Construction Trades Union, opposed the application on several grounds. The primary dispute concerned the provisions of the agreement, particularly those relating to employee entitlements and working conditions.

The central legal issues before the Commission were whether the agreement met the criteria for approval under section 235 of the Fair Work Act, and if it contained any provisions that were contrary to public policy or in breach of any legislative requirements. The respondent argued that the agreement did not adequately protect employee entitlements and contained clauses that could potentially be seen as undermining the workers' rights. The applicant contended that the agreement was fair, reasonable, and in compliance with all relevant legislative and public policy considerations.

The Commission carefully examined the provisions of the agreement, weighing the arguments presented by both parties. After considering the evidence and submissions, the Commission determined that the agreement did not contain any provisions that were contrary to public policy or in breach of any legislative requirements. The agreement was found to be fair and reasonable, providing adequate protection for employee entitlements and meeting the statutory criteria for approval. The Commission approved the Rapid Aluminium Enterprise Agreement 2015, and it came into effect on the specified date.

The Fair Work Commission approved the Rapid Aluminium Enterprise Agreement 2015 and mandated its enforcement. The agreement was to be registered with the Fair Work Commission, and copies were to be provided to the relevant parties as per the statutory requirements. The decision underscored the importance of ensuring that enterprise agreements are fair, reasonable, and in compliance with all relevant legal standards.

Rapid Aluminium Pty Ltd T/A Rapid Aluminium

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established