Sutton Tools Pty Ltd Summary

[2013] FWCA 1027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutton Tools Pty Ltd
(AG2012/14387)

SUTTON TOOLS PTY LTD AND NATIONAL UNION OF WORKERS (WAREHOUSE) AGREEMENT 2012

Storage services
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2013

Application for approval of the Sutton Tools Pty Ltd and National Union of Workers (Warehouse) Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Sutton Tools Pty Ltd and National Union of Workers (Warehouse) Agreement 2012 (the Agreement). The application was made by Sutton Tools Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The National Union of Workers, 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sutton Tools Pty Ltd, a company involved in the manufacture and sale of hand tools, sought approval for an agreement with the National Union of Workers (Warehouse). The dispute centred around the terms of the Sutton Tools Pty Ltd and National Union of Workers (Warehouse) Agreement 2012, specifically whether it complied with the relevant legislative requirements. The case was heard in the Fair Work Commission, which has the authority to approve and register such agreements.

The primary legal issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act 2009. This involved examining the agreement's compliance with provisions regarding the scope of bargaining, the coverage of the agreement, and the manner in which it was negotiated and executed. The Commission had to determine if the agreement was made in good faith, and whether it provided for a fair and reasonable outcome for all parties involved.

In delivering its decision, the Commission examined the evidence and arguments presented by both Sutton Tools Pty Ltd and the union. It assessed whether the agreement was appropriately negotiated and whether it contained terms that were fair and reasonable. The Commission found that the agreement was made in good faith and met the statutory requirements. It approved the agreement, highlighting the balance of interests and the procedural fairness observed during the negotiation process.

The Fair Work Commission approved the Sutton Tools Pty Ltd and National Union of Workers (Warehouse) Agreement 2012, confirming its compliance with the relevant legislative provisions. This decision ensures that the terms of the agreement will be binding on the parties and will govern the employment conditions within the specified scope.

Sutton Tools Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established