DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutton Tools Pty Ltd
(AG2018/4771)

SUTTON TOOLS PTY LTD (MANUFACTURING) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sutton Tools Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Manufacturing Workers Union of Australia. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary issues before the Commission were whether the agreement provided for proper procedural processes, contained sufficient provisions for the protection of employees, and whether it had been genuinely negotiated. The Commission considered the submissions from both parties and examined the agreement in detail. It found that the agreement did provide for appropriate procedural processes, contained adequate employee protection provisions, and had been genuinely negotiated between the parties. Accordingly, the Commission approved the agreement.

The Fair Work Commission found in favour of the applicant, Sutton Tools Pty Ltd, and approved the Sutton Tools Pty Ltd (Manufacturing) Enterprise Agreement 2018. The Commission was satisfied that the agreement met all statutory requirements for approval and was in the best interests of the employees covered by the agreement. The Commission emphasised the importance of proper procedural processes and adequate employee protection provisions in any enterprise agreement. The Commission also noted the importance of genuine negotiation between the parties in ensuring the agreement's legitimacy and effectiveness. The Commission's decision was based on a thorough examination of the agreement and the submissions from both parties. The Commission's approval of the agreement will provide certainty and stability to the employees and employers covered by the agreement.

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