Rapid Metal Developments (Australia) Pty Ltd Summary

[2016] FWCA 2373

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Rapid Metal Developments (Australia) Pty Ltd
(AG2016/2769)
RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD
(NEWCASTLE) ENTERPRISE AGREEMENT 2016
Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 APRIL 2016

Application for approval of the Rapid Metal Developments Australia Pty Ltd (Newcastle)

Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Rapid Metal Developments Australia Pty Ltd (Newcastle) Enterprise Agreement 2016 (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] The Agreement was approved on 15 April 2016 and, in accordance with s.54, will

operate from 22 April 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Rapid Metal Developments (Australia) Pty Ltd and its employees, as required under the Fair Work Act 2009. The application was submitted by Rapid Metal Developments (Australia) Pty Ltd for the approval of the Rapid Metal Developments Australia Pty Ltd (Newcastle) Enterprise Agreement 2016. The central legal issue before the court was whether the application met the criteria under sections 186, 187, and 188 of the Fair Work Act 2009 for the approval of an enterprise agreement. In particular, the court needed to determine if the agreement covered a fairly chosen group of employees and if it adhered to the relevant provisions of the Act.

The Commissioner concluded that all necessary requirements for approval had been met. While the agreement did not cover all employees of the employer, the Commissioner was satisfied that the group of employees was fairly chosen, considering the factors outlined in sections 186(3) and (3A) of the Act. The Commissioner approved the application on 15 April 2016, and the agreement was set to operate from 22 April 2016, with a nominal expiry date of 1 February 2019. The Commissioner's decision hinged on the compliance of the agreement with the Act and the fair selection of the employee group involved.

This decision confirms the approval of the enterprise agreement, establishing its operational parameters and ensuring its compliance with the Fair Work Act 2009. The approval signifies that the agreement is deemed suitable for implementation, provided it adheres to the terms and conditions set forth in the Act and maintains fair representation of the employee group.

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