DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd
(AG2019/895)

RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 27 MAY 2019

Application for approval of the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 1 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rapid Metal Developments (Australia) Pty Ltd, an employer, applied for the approval of the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2019. This agreement was intended to govern the terms and conditions of employment for certain employees of the company. The Australian Manufacturing Workers’ Union, as the representative for the employees, contested the application, raising concerns regarding various aspects of the proposed agreement.

The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement contained all the mandatory terms prescribed by the Act and if it was made in good faith and without coercion. Furthermore, the Commission needed to ensure that the agreement was procedurally sound, including that proper consultation had occurred and that the employees had been adequately informed of the agreement's contents and implications.

The Commission carefully examined the proposed agreement, finding that it did indeed include all the mandatory terms as required by the Fair Work Act. It was determined that the agreement had been made in good faith, without any evidence of coercion. The procedural fairness of the agreement was also upheld, as the Commission was satisfied that the necessary consultation processes had been followed and that employees had been adequately informed. Given these findings, the Commission approved the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2019.

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