Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

[2019] FWCA 166

[2019] FWCA 166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing
(AG2018/6111)

TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2018-2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JANUARY 2019

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2018-2019 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 January 2019 and, in accordance with s.54, will operate from 21 January 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

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Annexure A