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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Rapid Metal Developments (Aust) Pty Ltd, which sought approval for an enterprise agreement with its employees at the Adelaide Yard Branch. The matter was heard in the Fair Work Commission, where the company aimed to formalise the terms and conditions of employment for its workers. The dispute centred around the fairness and appropriateness of the proposed agreement, with scrutiny on whether it met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it was properly negotiated, and if it satisfied the criteria for approval, including provisions on minimum rates of pay, penalty rates, and other employment conditions. Additionally, the Commission needed to assess whether the agreement was likely to achieve a productive workplace relationship between the parties.

In reaching its decision, the Commission considered the submissions from both parties and examined the contents of the proposed agreement. It found that the agreement was made in good faith and that the process of negotiation was fair. The Commission also concluded that the agreement met the statutory requirements and was likely to promote a productive workplace relationship. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the necessary legal standards.

The Commission's decision was that the Rapid Metal Developments Australia Pty Ltd (Adelaide Yard Branch) Enterprise Agreement 2019 was to be approved. The agreement was to be registered, and the terms and conditions it contained would govern the employment relationship between the company and its employees at the Adelaide Yard Branch. The approval was subject to the standard transitional provisions and would take effect from the date of registration.

Rapid Metal Developments (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established