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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Tom Stoddart Pty Ltd trading as Stoddart Manufacturing, and the Australian Manufacturing Workers' Union (AMWU). The matter was brought before the Fair Work Commission (FWC) for the approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2018-2019. The AMWU raised concerns about the proposed agreement, arguing that it did not adequately protect the interests of its members. The central legal issues before the FWC were whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements under the Fair Work Act 2009.

The FWC examined the proposed agreement clause by clause, taking into account the submissions and evidence presented by both parties. The FWC noted that the agreement provided for a number of improvements for the employees, including wage increases, improved leave entitlements, and enhanced redundancy provisions. However, the FWC also found that certain provisions of the agreement could potentially be detrimental to the employees if not properly implemented. The FWC was satisfied that the agreement was in the best interests of the employees, as it provided for overall improvements to their conditions of employment. The FWC also found that the agreement complied with the relevant legislative requirements and approved the Tom Stoddart Pty Ltd Enterprise Agreement 2018-2019.

In approving the agreement, the FWC made several orders to ensure that the interests of the employees were protected. The orders included provisions for the implementation of the agreement, as well as provisions for the resolution of any disputes that may arise in the future. The FWC also ordered that the agreement be registered with the Fair Work Commission and that it would remain in force until 30 June 2019, or until replaced by a new enterprise agreement. Overall, the FWC was satisfied that the proposed agreement was fair and reasonable, and that it provided for the overall improvement of the employees' conditions of employment.

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