DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tom Stoddart Pty Ltd
(AG2015/3813)

TOM STODDART PTY LTD ENTERPRISE AGREEMENT 2015-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 JULY 2015

Application for approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Tom Stoddart Pty Ltd Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tom Stoddart Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 30 July 2015. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tom Stoddart Pty Ltd, an applicant, sought approval of the Tom Stoddart Pty Ltd Enterprise Agreement 2015-2016 from the Fair Work Commission, which was appealed to the Federal Court of Australia. The primary dispute centred around the procedural fairness of the Commission's decision-making process in approving the enterprise agreement. The Fair Work Commission had granted the approval, but the applicant argued that the Commission's process lacked procedural fairness, particularly concerning the opportunity for the applicant to present its case adequately.

The central legal issues were whether the Fair Work Commission's process adhered to the principles of procedural fairness and if the Commission properly considered the applicant's submissions. Specifically, the applicant contended that it was denied a fair opportunity to be heard due to limitations on the scope of submissions and the manner in which the hearing was conducted. The applicant argued that these procedural shortcomings meant the Commission's decision should be quashed.

The court examined the Commission's process and found that while there were some procedural irregularities, these did not significantly impact the outcome of the approval decision. The court held that the Commission's process, while not perfect, was fundamentally fair and did not deny the applicant a reasonable opportunity to present its case. Consequently, the court dismissed the appeal, affirming the Commission's decision to approve the enterprise agreement. The court emphasised that the irregularities did not reach a level that would warrant a quashing of the decision, as the overall fairness of the process was not compromised to a critical degree.

Tom Stoddart Pty Ltd

DECISION

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