Rapid Metal Developments (Australia) Pty Ltd Summary

[2016] FWCA 2375

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd

(AG2016/2764)

RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD (ADELAIDE

BRANCH) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 15 APRIL 2016

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

Branch) Enterprise Agreement 2016.

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

Rapid Metal Developments Australia Pty Ltd (Adelaide Branch) 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

In this matter, Rapid Metal Developments (Australia) Pty Ltd sought approval for the Rapid Metal Developments Australia Pty Ltd (Adelaide Branch) Enterprise Agreement 2016, under section 185 of the Fair Work Act 2009. The application was made by the employer, Rapid Metal Developments (Australia) Pty Ltd, and was concerned with the approval of a single enterprise agreement that would cover a portion of their employees. The application was heard by Commissioner Roe in Melbourne on 15 April 2016. The court was tasked with determining whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act, and if the group of employees covered by the agreement had been fairly chosen.

The primary legal issue before the court was whether the application for approval of the enterprise agreement satisfied the statutory requirements under the Fair Work Act. Specifically, the court had to consider whether the agreement met the criteria set out in sections 186, 187, and 188 of the Act, and whether the group of employees covered by the agreement was fairly chosen. The court noted that the agreement did not cover all of the employer's employees but assessed the situation in light of the factors outlined in section 186(3) and (3A) of the Act. Commissioner Roe concluded that the application met the necessary requirements and that the group of employees was fairly chosen.

The court approved the Rapid Metal Developments Australia Pty Ltd (Adelaide Branch) Enterprise Agreement 2016 on 15 April 2016, and it was set to operate from 22 April 2016, as per section 54 of the Fair Work Act. The nominal expiry date of the agreement was set for 1 February 2019. The court's decision was based on the satisfaction that the application met the statutory requirements and that the group of employees covered by the agreement was fairly chosen. The agreement was approved, allowing it to take effect as a binding enterprise agreement between the employer and the covered employees.

In conclusion, the court approved the application for the Rapid Metal Developments Australia Pty Ltd (Adelaide Branch) Enterprise Agreement 2016, finding that the requirements of sections 186, 187, and 188 of the Fair Work Act were met, and that the group of employees was fairly chosen. The agreement was approved on 15 April 2016 and will operate from 22 April 2016, with a nominal expiry date of 1 February 2019. The decision ensures that the agreement can be implemented as a binding enterprise agreement between the employer and the covered 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