Tom Stoddart Pty Ltd Trading AS Stoddart Manufacturing

[2025] FWCA 2530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tom Stoddart Pty Ltd Trading AS Stoddart Manufacturing

(AG2025/2383)

TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2025-2026

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 JULY 2025

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2025-2026

An application has been made for approval of an enterprise agreement to be known as the Tom Stoddart Pty Ltd Enterprise Agreement 2025-2026 (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.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Tom Stoddart Pty Ltd trading as Stoddart Manufacturing, who applied for approval of an Enterprise Agreement for the years 2025-2026. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The legal issues that arose centred around whether the agreement met the necessary requirements under the Act, specifically focusing on whether it contained all the mandatory terms as prescribed by the legislation, and if it was fair and reasonable for the employees and employers involved.

The Fair Work Commission examined the Enterprise Agreement clause by clause, considering whether it included all mandatory terms such as minimum rates of pay, penalty rates, leave provisions, and other conditions of employment. The Commission also assessed if the agreement was procedurally sound, meaning that the necessary consultation processes had been followed and that the agreement had been genuinely negotiated. Additionally, the Commission considered the fairness of the agreement in terms of its impact on the employees and the business's ability to operate effectively. The application was ultimately successful as the Commission found that the agreement complied with all statutory requirements and was fair and reasonable.

The Commission determined that the Enterprise Agreement contained all the necessary mandatory terms and that the process of negotiation and consultation had been appropriately followed. It was found that the agreement balanced the interests of both the employer and the employees, providing a fair outcome for all parties. The Commission also noted that the agreement was in line with the broader economic and industrial context, ensuring that it would not unduly disadvantage either party. Consequently, the Commission approved the Enterprise Agreement, allowing it to come into effect from the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established