| [2024] FWCA 2357 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Rapid Metal Developments (Australia) Pty Ltd
(AG2024/1963)
RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD (QUEENSLAND) ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER DURHAM | BRISBANE, 25 JUNE 2024 |
Application for approval of the Rapid Metal Developments Australia Pty Ltd (Queensland) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments Australia Pty Ltd (Queensland) Enterprise Agreement 2024 (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 (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings in relation to clauses 7 and 13.3(a) of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 February 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE525184 PR776378>
- AGLC
- Rapid Metal Developments (Australia) Pty Ltd [2024] FWCA 2357
- Case
- [2024] FWCA 2357
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the procedural requirements for approval, including whether it was genuinely negotiated, contained all the required terms, and was fair and reasonable. Additionally, the Commission examined whether the agreement appropriately balanced the interests of the employees and the employer, and if it adhered to the standards of procedural fairness.
In delivering its decision, the Commission noted that the agreement was the product of genuine bargaining between the parties and contained all the mandated terms. The Commission found that the agreement was fair and reasonable, taking into account the economic circumstances and the needs of both the employees and the employer. The Commission concluded that the agreement met the legal standards for approval under the Fair Work Act, and it granted the application for approval of the enterprise agreement.
The Fair Work Commission approved the Rapid Metal Developments Australia Pty Ltd (Queensland) Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the agreement, which outlines the terms of employment for the workers, is legally binding and enforceable.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.