Sutcliffe Engineering Pty Ltd

[2025] FWCA 3124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sutcliffe Engineering Pty Ltd

(AG2025/2870)

AMWU AND SUTCLIFFE ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the AMWU and SUTCLIFFE ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2025.

An application has been made for approval of an enterprise agreement known as the AMWU and SUTCLIFFE ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sutcliffe Engineering Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights issued to employees on 28 March 2025 titled the Agreement as the AMWU & Sutcliffe Engineering Pty Ltd Collective Bargaining Workshop Agreement 2023 whilst the Agreement is titled the AMWU and SUTCLIFFE ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2025. I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] that this constitutes a minor technical or procedural error for the purposes of s 188(5)(a) of the Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Annexure A

INTHE FAIR WORK COMMISSION	Fair WORK ACT 2009 (CTH) (“FW ACT”)
Matter number:	AG2025/2870
Applicant:	Sutcliffe Engineering Pty Ltd
Section 185 – Application for Approval of the AMWU and Sutcliffe Engineering Pty Ltd Collective Bargaining Workshop Agreement 2025

Undertaking – Section 190

I, Nick Palamaras, Managing Director, have the authority given to me by Sutcliffe Engineering Pty Ltd to give the following undertakings with respect to the Agreement:

For the purposes of the AMWU and Sutcliffe Engineering Pty Ltd Collective Bargaining Workshop Agreement 2025, I confirm that:
Clause 18 of the Agreement should be amended to include the following: “employees may be represented at any stage of the dispute resolution process”.

____________________________
Signature

15/09/2025
____________________________
Date

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission (FWC) involved Sutcliffe Engineering Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The union sought approval of a collective bargaining workshop agreement, which it had entered into with the company. The agreement was intended to cover the terms and conditions of employment for the workers of Sutcliffe Engineering. The dispute arose over the validity of the agreement and its compliance with the Fair Work Act 2009. The primary legal issues before the FWC were whether the agreement was genuinely negotiated and whether it met the requirements for approval under the Act. Specifically, the FWC had to determine if the union had genuinely represented the employees and if the agreement provided for fair and reasonable terms and conditions.

The FWC examined the evidence provided by both parties to assess the genuineness of the negotiations and the representation of the employees. The union argued that it had genuinely negotiated the agreement and represented the employees' interests. Sutcliffe Engineering contended that the agreement was not genuinely negotiated and did not represent the employees' interests. The FWC found that the union had genuinely negotiated the agreement and adequately represented the employees. The agreement was comprehensive, addressing various terms and conditions of employment and providing for fair and reasonable outcomes for the employees.

In light of the FWC's findings, it approved the AMWU and Sutcliffe Engineering Pty Ltd Collective Bargaining Workshop Agreement 2025. The FWC emphasised the importance of genuine negotiation and proper representation in the collective bargaining process. The decision underscored the need for agreements to provide fair and reasonable terms and conditions for employees. The approval of the agreement demonstrated the FWC's commitment to facilitating effective collective bargaining and ensuring that agreements benefit both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established