Rapid Metal Developments (Aust) Pty Ltd

[2019] FWCA 5858

[2019] FWCA 5858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Metal Developments (Aust) Pty Ltd
(AG2019/2850)

RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD (ADELAIDE YARD BRANCH) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 AUGUST 2019

Application for approval of the Rapid Metal Developments Australia Pty Ltd (Adelaide Yard Branch) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments Australia Pty Ltd (Adelaide Yard Branch) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rapid Metal Developments (Aust) Pty Ltd. 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 Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 21 – Annual Leave

•  Clause 30 – Absence without Authority

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

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