DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Metal Developments (Australia) Pty Ltd T/A RMD Australia Pty Ltd
(AG2018/5232)

RAPID METAL DEVELOPMENTS (AUSTRALIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SCAFFOLD YARD ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Rapid Metal Developments (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Scaffold Yard Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Metal Developments (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Scaffold Yard Enterprise Agreement 2016 -2018 (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 T/A RMD 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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Rapid Metal Developments (Australia) Pty Ltd T/A RMD Australia Pty Ltd, the Fair Work Commission was tasked with approving a proposed enterprise agreement between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union represented employees within the scaffolding industry. The agreement in question was the Rapid Metal Developments (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Scaffold Yard Enterprise Agreement 2016-2018. The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009 for approval. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith.

The Commission examined the proposed agreement's provisions, considering the balance of rights and obligations, and the extent to which it met the statutory requirements for approval. The agreement's provisions were scrutinised to determine if they complied with minimum entitlements, including minimum wages, leave entitlements, and other conditions of employment. The Commission also evaluated whether the agreement contained provisions that were not contrary to public policy, and whether it was procedurally sound in terms of the process by which it was negotiated and agreed upon. After thorough consideration, the Commission found that the proposed agreement did not meet the statutory criteria for approval. The decision highlighted specific provisions that failed to align with the statutory requirements, leading to the conclusion that the agreement could not be approved in its current form.

Consequently, the application for approval of the Rapid Metal Developments (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Scaffold Yard Enterprise Agreement 2016-2018 was dismissed. The Commission's decision emphasised the need for the parties to revise the agreement to address the identified deficiencies before it could be reconsidered for approval. This outcome underscores the importance of ensuring that enterprise agreements not only reflect the intentions of the parties but also adhere to the statutory framework designed to protect the interests of employees and maintain fair industrial relations practices.

Rapid Metal Developments (Australia) Pty Ltd T/A RMD 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