Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

[2022] FWCA 2872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

(AG2022/2474)

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2022-2023

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 22 AUGUST 2022

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2022-2023

An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2022-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tom Stoddart Pty Ltd T/A Stoddart Manufacturing. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tom Stoddart Pty Ltd, trading as Stoddart Manufacturing, and the Fair Work Commission. The matter was about the approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2022-23. The company sought the Commission's approval of the agreement, which it had negotiated with its employees. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and met the standards of good faith bargaining and procedural fairness.

The legal issues before the Commission included whether the agreement contained all the mandatory terms and conditions as stipulated by the Fair Work Act, whether the negotiation process was conducted in good faith, and whether the agreement was procedurally fair to all parties involved. The Commission had to assess the compliance of the agreement with the statutory requirements and determine if the negotiation process was fair and transparent.

The Commission found that the agreement complied with the mandatory terms and conditions set out in the Fair Work Act. It concluded that the negotiation process was conducted in good faith and that the agreement was procedurally fair. The Commission considered the evidence provided by both parties and the submissions made during the hearing. It found that the agreement met the standards of good faith bargaining and procedural fairness.

In light of the findings, the Fair Work Commission approved the Tom Stoddart Pty Ltd Enterprise Agreement 2022-23. The Commission issued its decision on [insert date], and the agreement became effective from [insert date]. The approval of the agreement allows it to be registered with the Commission, and it will govern the employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established