DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutton Tools Pty Ltd
(AG2015/4069)

SUTTON TOOLS PTY LTD AND NATIONAL UNION OF WORKERS (WAREHOUSE) AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2015

Application for approval of the Sutton Tools Pty Ltd and the National Union of Workers (Warehouse) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sutton Tools Pty Ltd and National Union of Workers (Warehouse) 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] The Applicant 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, 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. 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 August 2015 and, in accordance with s.54, will operate from 10 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the matter of Sutton Tools Pty Ltd and the National Union of Workers (Warehouse), the Fair Work Commission was called upon to determine the approval of a proposed enterprise agreement. Sutton Tools Pty Ltd, the employer, had entered into a bargaining agreement with the National Union of Workers (Warehouse), representing its employees. The central issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees.

The legal issues primarily revolved around the interpretation and application of the Fair Work Act 2009. The Commission needed to examine whether the agreement was negotiated in good faith, if it provided for fair and reasonable terms and conditions of employment, and if it adhered to the procedural fairness requirements. Additionally, the Commission assessed whether the agreement was consistent with the principles of the Fair Work Act and if it met the criteria for approval under the relevant provisions.

The Fair Work Commission found that the proposed agreement was the product of genuine and good faith bargaining between the parties. It was noted that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the employees. The Commission was satisfied that the agreement provided for adequate protections and benefits, aligning with the statutory requirements. Consequently, the Commission approved the Sutton Tools Pty Ltd and the National Union of Workers (Warehouse) Agreement 2015, deeming it to be in the best interests of the employees and compliant with the legislative framework.

The Fair Work Commission's decision concluded with the formal approval of the agreement, effective from the date of the decision. This ruling provided certainty to both Sutton Tools Pty Ltd and the employees represented by the National Union of Workers (Warehouse), establishing the terms and conditions of employment under the approved 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