DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing
(AG2016/1692)

TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2016-2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2016-2017 (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 Applicant 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tom Stoddart Pty Ltd, trading as Stoddart Manufacturing, sought approval of their 2016-2017 Enterprise Agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, the administrative tribunal responsible for regulating Australian workplace relations. The dispute involved the fairness and compliance of the proposed agreement with the legal requirements and standards set out in the Act.

The primary legal issue the Commission needed to address was whether the Enterprise Agreement met the 'better off overall test' as prescribed by the Act. This test required the Commission to determine if the agreement provided employees with a minimum total remuneration package that was at least as good as what they would receive under the applicable award or modern award. Additionally, the Commission needed to assess whether the agreement was free from prohibited content and whether it had been genuinely negotiated between the employer and the employees.

The Fair Work Commission examined the terms of the Enterprise Agreement and found it to comply with the better off overall test. The agreement provided employees with a total remuneration package that was at least as good as their existing conditions, including any applicable award or modern award entitlements. The Commission also confirmed that the agreement was free from prohibited content and had been genuinely negotiated between the employer and the employees. Based on these findings, the Commission approved the Tom Stoddart Pty Ltd Enterprise Agreement 2016-2017, affirming its compliance with the Fair Work Act 2009.

The Commission's decision resulted in the approval of the Enterprise Agreement, which now serves as the governing document for the employment conditions between Tom Stoddart Pty Ltd and its employees for the specified period. This outcome ensures that the agreement will be recognised and enforced in accordance with the Fair Work Act 2009, providing a legally binding framework for the employment relationship during the agreement's duration.

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