DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd
(AG2016/2773)

RAPID METAL DEVELOPMENTS AUSTRALIA PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 APRIL 2016

Application for approval of the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments Australia Pty Ltd (Tasmania) 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 the Fair Work Commission, Rapid Metal Developments (Australia) Pty Ltd applied for approval of the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2016. The application was brought by the company, and the Australian Manufacturing Workers' Union intervened. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which sought to govern the employment relationship between the company and its employees represented by the union.

The central legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" which requires that employees be no worse off financially under the new agreement than they would be under the applicable award or existing agreements. Additionally, the Commission examined whether the agreement contained all the mandatory terms required by law and whether it was fairly negotiated.

The Commission found that the agreement was compliant with the statutory requirements. It determined that employees would not be worse off financially under the new agreement, satisfying the better off overall test. Furthermore, the Commission was satisfied that all mandatory terms were included and that the agreement was the product of genuine negotiations between the parties. Consequently, the Commission approved the application and certified the enterprise agreement as meeting the legal standards.

The Fair Work Commission approved the Rapid Metal Developments Australia Pty Ltd (Tasmania) Enterprise Agreement 2016, certifying it as compliant with the Fair Work Act 2009. The decision was made on the basis that the agreement met the better off overall test, contained all mandatory terms, and was fairly negotiated between the parties.

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