Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

[2023] FWCA 2039

[2023] FWCA 2039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

(AG2023/2106)

TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2023-2024

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 4 JULY 2023

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2023-2024

Introduction

1. Tom Stoddart Pty Ltd T/A Stoddart Manufacturing (the Employer) has made an application for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2023-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on or after 6 June 2023.

Notification of time, place and method of vote

1. The notification of time, place and method of vote for employees who were not in the workplace occurred by email on 15 June 2023. Voting for the Agreement commenced on 22 June 2023. This was only 6 clear days prior to the commencement of voting, rather than 7 clear days as required by s.180(3) of the Act. The Employer provided submissions that this matter constituted a minor procedural error.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Section 186, 187, 188 and 190

1. 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.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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