DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd
(AG2020/1440)

RAPID METAL DEVELOPMENTS AUSTRALIA (QUEENSLAND) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 17 JUNE 2020

Application for approval of the Rapid Metal Developments Australia (Queensland) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments Australia (Queensland) Enterprise Agreement 2020. (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] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rapid Metal Developments (Australia) Pty Ltd sought approval for the Rapid Metal Developments Australia (Queensland) Enterprise Agreement 2020. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements be approved by the Commission before they can be registered and enforced. The dispute centred on whether the agreement met the legal requirements for approval, particularly regarding the process by which it was negotiated and the fairness of its terms.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it contained the necessary "protected action" provisions, as mandated by the Fair Work Act. Additionally, the Commission considered whether the agreement provided appropriate protections for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The negotiation process and the extent of employee representation were also scrutinized to ensure compliance with the statutory framework.

The Commission found that the agreement was negotiated in good faith and contained all the required "protected action" provisions. The terms of the agreement were deemed fair and reasonable, providing adequate protections for employees. The negotiation process was found to be transparent and inclusive, with appropriate representation from both employers and employees. Consequently, the Commission approved the agreement, determining that it met all the statutory requirements for registration and enforcement. The approval ensures that the agreement can be implemented as a binding contract between the parties, thereby formalising the terms of employment for the employees covered by the agreement.

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