Tom Stoddart Pty Ltd T/A Stoddart Manufacturing

[2014] FWCA 5285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing
(AG2014/1942)

TOM STODDART PTY LTD AGREEMENT 2014/2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 AUGUST 2014

Application for approval of the Tom Stoddart Pty Ltd Agreement 2014/2015.

[1] An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Agreement 2014/2015 (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] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 12 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

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 Agreement 2014/2015. The application sought to formalise the terms and conditions of employment for its employees as per the terms of the proposed enterprise agreement. The dispute arose from disagreements between the company and the Australian Manufacturing Workers' Union regarding the terms of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it provided for the appropriate minimum terms, and if it complied with procedural fairness. The Commission also needed to consider whether the agreement was in the best interests of the employees, particularly given that it was a greenfield agreement covering new employees without a pre-existing agreement.

The Fair Work Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith and provided for the appropriate minimum terms, as stipulated by the Act. The Commission was satisfied that the process of developing the agreement was procedurally fair and that the agreement was in the best interests of the employees. The Commission took into account the nature of the business, the bargaining positions of the parties, and the terms of the agreement itself. After careful consideration, the Commission concluded that the agreement met all the necessary criteria and approved the Tom Stoddart Pty Ltd Agreement 2014/2015.

The Fair Work Commission's decision was that the proposed agreement was approved and would come into effect on the date specified in the agreement. The Commission's approval signified that the agreement was fair and reasonable and provided for the appropriate minimum terms and conditions of employment. This decision allowed the company and the union to proceed with the implementation of the new enterprise agreement, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established