DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd
(AG2015/5873)

THE AMWU & RAPID METAL DEVELOPMENTS AUSTRALIA (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of The AMWU & Rapid Metal Developments Australia (Western Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The AMWU & Rapid Metal Developments Australia (Western Australia) 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 Metal Developments (Australia) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rapid Metal Developments (Australia) Pty Ltd applied for approval of the AMWU & Rapid Metal Developments Australia (Western Australia) Enterprise Agreement 2015. The Australian Manufacturing Workers' Union (AMWU) sought to have the agreement approved as a modern award. The dispute centred on the fairness and appropriateness of the terms of the enterprise agreement, particularly those concerning wages, working conditions, and dispute resolution mechanisms. The Commission was required to determine whether the agreement met the requirements under the Fair Work Act 2009 and whether it was appropriate to approve the agreement as a modern award.

The legal issues before the Commission involved assessing whether the agreement contained the necessary good faith bargaining provisions and whether the terms of the agreement were fair and reasonable. The Commission examined the negotiation process, the terms of the agreement, and the overall fairness of the provisions. The Commission also considered the impact of the agreement on employees and the employer, as well as the broader industrial context. The Commission found that the agreement was negotiated in good faith and that the terms were fair and reasonable. The agreement contained appropriate dispute resolution mechanisms and provided for adequate protections for employees.

The Commission approved the AMWU & Rapid Metal Developments Australia (Western Australia) Enterprise Agreement 2015 as a modern award. The Commission concluded that the agreement met the requirements under the Fair Work Act 2009 and was appropriate to be approved as a modern award. The decision provides guidance for future enterprise agreements in the sector, highlighting the importance of good faith bargaining and fair and reasonable terms.

Rapid Metal Developments (Australia) 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