DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing
(AG2021/6050)

TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2021-2022

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 21 JULY 2021

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2021-2022.

[1] Tom Stoddart Pty Ltd T/A Stoddart Manufacturing (the Employer) has applied for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into consideration the material filed in the Commission and 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing brought an application before the Fair Work Commission to seek approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2021-2022. The dispute involved the terms and conditions of employment for employees under the enterprise agreement, specifically concerning wages, working hours, and other employment conditions. The Commission was required to assess whether the agreement met the statutory requirements under the Fair Work Act 2009, including fairness, transparency, and whether it adhered to the principles of good faith bargaining.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it satisfied the "better off overall test." The applicant argued that the agreement had been negotiated in good faith and that it provided fair and reasonable terms and conditions for the employees. The Commission had to determine if the agreement met the statutory requirements and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission considered whether the agreement met the "better off overall test," ensuring that employees would not be worse off as a result of the agreement.

The Commission found that the enterprise agreement was genuinely negotiated in good faith and met the statutory requirements under the Fair Work Act 2009. The terms and conditions of the agreement were considered fair and reasonable, providing for the employees' needs and taking into account the principles of good faith bargaining. The Commission concluded that the agreement satisfied the "better off overall test," as employees would not be worse off as a result of the agreement. Consequently, the Commission approved the Tom Stoddart Pty Ltd Enterprise Agreement 2021-2022.

The Fair Work Commission approved the Tom Stoddart Pty Ltd Enterprise Agreement 2021-2022, finding it to be genuinely negotiated in good faith and meeting the statutory requirements under the Fair Work Act 2009. The Commission also determined that the agreement provided fair and reasonable terms and conditions for the employees and satisfied the "better off overall test."

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established