Sutton Tools Pty Ltd

[2021] FWCA 7014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutton Tools Pty Ltd
(AG2021/8552)

SUTTON TOOLS PTY LTD (MANUFACTURING) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 DECEMBER 2021

Application for approval of the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sutton Tools Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings 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] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sutton Tools Pty Ltd applied for approval of the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2021. The Fair Work Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009. The applicant argued that the agreement complied with the necessary requirements, while no objections were lodged against the agreement.

The legal issues before the Commission were whether the agreement contained the mandatory terms and provisions as stipulated by the Act, and whether it had been made in good faith and without coercion. The Commission examined the provisions of the agreement to ensure it met the statutory criteria for approval. It considered the fairness and reasonableness of the agreement's terms and the process by which it was made. The Commission also reviewed whether there were any procedural irregularities in the making of the agreement.

After reviewing the agreement, the Commission found that it contained all the mandatory terms and provisions required by the Act. The Commission also determined that the agreement was made in good faith and without coercion. The Commission found that the process by which the agreement was made was fair and reasonable, and there were no procedural irregularities. Consequently, the Commission approved the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2021.

The Fair Work Commission approved the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2021, finding that it met the legal standards for approval under the Fair Work Act 2009. The Commission determined that the agreement contained all the mandatory terms and provisions required by the Act, and was made in good faith and without coercion. The agreement was also found to be fair and reasonable, and the process by which it was made was proper.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established