Tom Stoddart Pty Ltd T/A Stoddart Manufacturing Summary

[2017] FWCA 5259

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

(AG2017/3282)

Tom Stoddart Pty Ltd Enterprise Agreement 2017-2018

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 11 OCTOBER 2017

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2017-2018 (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 18 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tom Stoddart Pty Ltd, trading as Stoddart Manufacturing, applied to the Fair Work Commission for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2017-2018. The application was contested by the Building and Construction Trades Union (BCT). The dispute centred on the terms and conditions of employment under the proposed agreement, particularly relating to pay rates and conditions for employees.

The legal issues before the Commission included whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the need for "better off overall" for employees. The BCT argued that the proposed agreement did not meet the "better off overall" test and that there were procedural irregularities in the bargaining process.

The Fair Work Commission found that while the majority of employees had indeed voted in favour of the agreement, there were procedural flaws in the manner in which the vote was conducted. The Commission held that the "better off overall" test was not satisfied for a significant number of employees. Consequently, the Commission did not approve the proposed enterprise agreement. The decision highlights the importance of ensuring procedural fairness and meeting the statutory requirements when negotiating and approving enterprise agreements.

The Commission did not approve the proposed enterprise agreement. The decision serves as a reminder to employers and unions of the importance of ensuring procedural fairness and compliance with the statutory requirements when negotiating and approving enterprise agreements.

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established