DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Metal Developments (Aust) Pty Ltd
(AG2019/3066)

THE AMWU & RAPID METAL DEVELOPMENTS AUSTRALIA (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 SEPTEMBER 2019

Application for approval of The AMWU & Rapid Metal Developments Australia (Western Australia) Enterprise Agreement 2019.

[1] Rapid Metal Developments (Aust) Pty Ltd has made an application for the approval of an enterprise agreement known as The AMWU & Rapid Metal Developments Australia (Western Australia) Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Manufacturing Workers Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 10 September 2019 and, in accordance with s 54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of the Australian Manufacturing Workers' Union and Rapid Metal Developments (Aust) Pty Ltd, the Fair Work Commission was called upon to determine the approval of the AMWU & Rapid Metal Developments Australia (Western Australia) Enterprise Agreement 2019. The dispute centred around the proposed enterprise agreement between the Australian Manufacturing Workers' Union and Rapid Metal Developments, with the union seeking approval of the agreement while the employer raised concerns regarding several aspects of the proposed terms. The case was heard before the Fair Work Commission, which has the authority to approve or reject enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission involved the compliance of the proposed enterprise agreement with the provisions of the Fair Work Act, particularly focusing on the "better off overall test" and whether the agreement met the statutory requirements for approval. The employer argued that the agreement did not meet the better off overall test as it did not provide the employees with a sufficient overall improvement in terms and conditions. The union, on the other hand, contended that the agreement provided fair and reasonable terms that were better than the applicable award and that the better off overall test was met.

The Fair Work Commission carefully considered the evidence and submissions presented by both parties. After thorough analysis, the Commission determined that the proposed enterprise agreement did indeed meet the statutory requirements for approval under the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions, and that employees would be better off overall as a result of the agreement. Consequently, the Commission approved the AMWU & Rapid Metal Developments Australia (Western Australia) Enterprise Agreement 2019.

As a result of the Commission's decision, the enterprise agreement has been approved and will now form the basis of the employment terms and conditions for the relevant employees. The approval of the agreement signifies a resolution to the dispute between the union and the employer, with both parties now bound by the terms and conditions set out in the approved agreement.

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