Tom Stoddart Pty Ltd

[2013] FWCA 6665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tom Stoddart Pty Ltd
(AG2013/2211)

TOM STODDART PTY LTD AGREEMENT 2013/2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Tom Stoddart Pty Ltd Agreement 2013/2014.

[1] An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Agreement 2013/2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tom Stoddart Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Tom Stoddart Pty Ltd, the applicant sought approval of the Tom Stoddart Pty Ltd Agreement 2013/2014 under the Fair Work Act 2009. The applicant is a small business employer, and the agreement in question pertains to its employees who are represented by a union. The Fair Work Commission, as the reviewing authority, was tasked with assessing the agreement's compliance with the Act and its suitability for endorsement.

The central legal issues before the Commission involved the agreement's conformity with the Act and whether it met the necessary standards for approval. Specifically, the Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees and if it adhered to the legislative requirements, including any relevant provisions of the Act.

The Commission considered the agreement's provisions, the submissions from both the applicant and the union, and any applicable laws and precedents. It found that the agreement met the necessary standards and was fair and reasonable. The Commission noted that the agreement provided a balance between the parties' interests, taking into account the small business context, and complied with the requirements of the Act. Consequently, the Commission approved the Tom Stoddart Pty Ltd Agreement 2013/2014.

The Fair Work Commission approved the Tom Stoddart Pty Ltd Agreement 2013/2014, finding it to be compliant with the Fair Work Act 2009 and in the best interests of both the employer and the employees. The Commission's decision was based on the agreement's balance of interests and its adherence to the legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established