DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutton Tools Pty Ltd
(AG2015/4068)

SUTTON TOOLS PTY LTD (MANUFACTURING) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 JULY 2015

Application for approval of the Suttons Tools Pty Ltd (Manufacturing) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sutton Tools 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The National Union of Workers and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 31 July 2015 and, in accordance with s.54, will operate from 7 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sutton Tools Pty Ltd, an employer, sought approval of a new enterprise agreement from the Fair Work Commission. The agreement was between Sutton Tools Pty Ltd and its employees, represented by the Manufacturing and Metals Division of the Manufacturing, Primary and Energy Union (the Union). The dispute centred around the terms and conditions of employment specified in the agreement, including wages, hours of work, and other related matters. The Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes and maintaining a fair and efficient industrial relations system, was tasked with deciding whether the agreement should be approved.

The legal issues before the Commission involved determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. These criteria included ensuring the agreement complied with the "better off overall test," which required that the overall conditions of employment under the agreement be at least as good as the existing conditions, and that the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for the proper operation of the enterprise, including its productivity and efficiency, and whether it was consistent with the principles of the national workplace relations system.

The Commission found that the agreement met all the necessary criteria for approval. The Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2015 provided for a comprehensive set of terms and conditions that were at least as good as the existing conditions, thereby satisfying the better off overall test. The Commission was satisfied that the agreement was made in good faith and without coercion, and it considered that the agreement would contribute to the proper operation of the enterprise by promoting productivity and efficiency. Furthermore, the Commission determined that the agreement was consistent with the principles of the national workplace relations system, including the protection of vulnerable employees and the promotion of fair and equitable outcomes for all parties.

The Fair Work Commission approved the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2015, recognising it as a fair and reasonable agreement that met the necessary criteria for approval under the Fair Work Act 2009. The approval of the agreement allows Sutton Tools Pty Ltd and its employees to operate under the terms and conditions set out in the agreement, providing a stable and predictable workplace environment for both parties.

Sutton Tools 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