Rapid Metal Developments (Australia) Pty Ltd

[2013] FWCA 3971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd
(AG2013/6956)

RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD (NEWCASTLE) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 JUNE 2013

Application for approval of the Rapid Metal Developments Australia Pty Ltd (Newcastle) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments Australia Pty Ltd (Newcastle) Enterprise Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2013. The nominal expiry date of the Agreement is 1 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the matter of the application for approval of the Rapid Metal Developments Australia Pty Ltd (Newcastle) Enterprise Agreement 2013 was adjudicated. The applicant, Rapid Metal Developments (Australia) Pty Ltd, sought approval of the enterprise agreement, which was negotiated between the company and the relevant union. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement contained all the required minimum terms and conditions as stipulated under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for fair remuneration and conditions, including minimum wages, penalty rates, leave entitlements, and other employment standards. Additionally, the Commission examined whether the agreement was made in good faith and whether it had been properly negotiated.

The Fair Work Commission examined the provisions of the agreement and found that it generally complied with the statutory minimum standards. The Commission noted that the agreement provided for wages and conditions that were at least equal to, or better than, the relevant awards. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the negotiation process was fair and transparent. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the legal requirements under the Fair Work Act 2009.

The Commission's final orders included the approval of the Rapid Metal Developments Australia Pty Ltd (Newcastle) Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the relevant employees until superseded by a new agreement or award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established