DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing
(AG2019/2418)

TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2019-2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 8 AUGUST 2019

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2019-2020 (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.

[2] The Agreement is a single enterprise agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Tom Stoddart Pty Ltd T/A Stoddart Manufacturing was brought before the Fair Work Commission. The dispute centred around the approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2019-2020. The application for approval was filed by the employer, Tom Stoddart Pty Ltd, and was contested by the Australian Manufacturing Workers' Union (AMWU) on behalf of the employees.

The legal issues before the court required the Commission to determine whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement met the requirements for "genuine agreement" and if it contained minimum terms and conditions as mandated by the Act. The AMWU argued that the agreement failed to adequately represent the interests of the employees and did not provide for the necessary minimum entitlements.

The Fair Work Commission, in its decision, found that the Tom Stoddart Pty Ltd Enterprise Agreement 2019-2020 did meet the criteria for genuine agreement and contained the required minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the enterprise. Consequently, the Commission approved the Enterprise Agreement, and the application for its approval was successful. The AMWU's objections were dismissed, and the agreement was set to take effect as of the specified date.

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