Rapid Metal Developments (Australia) Pty Ltd Summary

[2023] FWCA 1544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd

(AG2023/1438)

RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 30 MAY 2023

Application for approval of the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2023 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 6 June 2023. The nominal expiry date of the Agreement is 1 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rapid Metal Developments (Australia) Pty Ltd, a company engaged in metal manufacturing, sought approval for a new enterprise agreement. The Fair Work Commission was tasked with evaluating whether the proposed agreement met the necessary legal standards. The dispute arose from the terms of the agreement, which the company wished to implement to govern the employment conditions of its workforce. The Commission's role was to determine if the agreement provided for fair and reasonable terms in line with the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement met the procedural requirements and whether it provided for fair and reasonable terms. The procedural issues centred on whether the agreement had been appropriately negotiated and if the necessary consultation processes were followed. The substantive issues involved whether the terms of the agreement were fair and reasonable, considering the interests of both the employer and employees. This included examining provisions related to wages, hours of work, leave entitlements, and other employment conditions.

The Commission determined that the agreement had been properly negotiated and that the necessary consultation processes were followed. It found that the agreement provided for fair and reasonable terms, taking into account the interests of both parties. The Commission was satisfied that the agreement met the statutory requirements and would not prejudice the employees' ability to achieve better terms and conditions in the future. As a result, the Commission approved the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2023.

The Fair Work Commission approved the enterprise agreement, which will now govern the employment conditions of the company's workforce. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment between the company and its employees.

Rapid Metal Developments (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established