DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutton Tools Pty Ltd
(AG2015/4067)

SUTTON TOOLS PTY LTD MARYBOROUGH OPERATIONS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the Sutton Tools Pty Ltd Maryborough Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sutton Tools Pty Ltd Maryborough Operations 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] On the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sutton Tools Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement was proposed for employees working at the company's Maryborough operations. The application for approval was made in light of the company's assertion that the agreement would enhance productivity and efficiency while addressing employee concerns. The FWC was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement was in the interests of the employees and the employer. The FWC considered whether the agreement was made in good faith, whether it contained appropriate provisions for employees' wages and conditions, and whether it complied with the procedural requirements stipulated by the Act. Additionally, the FWC had to assess whether the agreement was fair and reasonable, taking into account the balance of benefits and detriments for both parties.

The FWC found that the agreement was made in good faith and contained provisions that were fair and reasonable. The agreement addressed key concerns of both the employer and employees, including wage adjustments, work hours, and other employment conditions. The FWC concluded that the agreement would contribute to improved workplace relations and productivity. As such, the FWC approved the enterprise agreement, finding that it met the statutory requirements under the Fair Work Act 2009.

The FWC ordered that the Sutton Tools Pty Ltd Maryborough Operations Enterprise Agreement 2015 be approved and registered. This approval ensures that the agreement will be legally binding on both the employer and the employees, effective from the date of registration. The decision underscores the FWC's role in facilitating fair and effective workplace agreements that balance the interests of employers and employees.

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