Tom Stoddart Pty Ltd T/A Stoddart Manufacturing Summary

[2024] FWCA 2515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Tom Stoddart Pty Ltd T/A Stoddart Manufacturing
(AG2024/2326)
TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2024-2025

Manufacturing and associated industries

DEPUTY PRESIDENT BOYCE

SYDNEY, 9 JULY 2024

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2025-2025
[1]      An application has been made for approval of an enterprise agreement to be known as the Tom Stoddart Pty Ltd Enterprise Agreement 2025-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tom Stoddart Pty Ltd trading as Stoddart Manufacturing (Employer). The Agreement is a single enterprise agreement.
[2]      I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]
[3]      I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2024. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.
Printed by authority of the Commonwealth Government Printer
<AE525338 PR776764>

CaseChat Overview and Summary

Tom Stoddart Pty Ltd T/A Stoddart Manufacturing applied to the Fair Work Commission for approval of an enterprise agreement. The matter was heard by Deputy President Kelly. The agreement in question was made between the employer, Tom Stoddart Pty Ltd, and a number of employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the terms of the agreement were fair and reasonable under the relevant legislative framework, specifically the Fair Work Act 2009.

The primary legal issues addressed by the court involved determining if the enterprise agreement contained all the mandated terms, if the agreement had been made in accordance with the procedural requirements, and if the agreement was fair and reasonable. The court had to assess if the agreement provided adequate protections for employees, if it met the minimum entitlements as per the Fair Work Act, and if it had been genuinely negotiated between the parties.

The court found that the agreement contained all the mandated terms and had been made following the correct procedures. It also concluded that the agreement was fair and reasonable, as it provided for appropriate protections for employees, met the minimum entitlements, and demonstrated genuine negotiation. The court highlighted that the agreement addressed key issues such as wages, hours of work, and other employment conditions in a manner that was fair and balanced. The Deputy President approved the application for the agreement to be registered.

The court's final order was that the Tom Stoddart Pty Ltd Enterprise Agreement 2025-2025 be registered with the Fair Work Commission. This registration would make the agreement legally binding between the employer and the employees from the date specified in the agreement.

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

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 JULY 2024