Amtel Pty Ltd T/A Stramit Building Products

[2014] FWCA 7723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Amtel Pty Ltd T/A Stramit Building Products
(AG2014/7868)

STRAMIT BUILDING PRODUCTS MADDINGTON ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Stramit Building Products Maddington Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Maddington Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amtel Pty Ltd T/A Stramit Building Products. 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 7 November 2014. 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

Amtel Pty Ltd, trading as Stramit Building Products, applied to the Fair Work Commission for approval of the Stramit Building Products Maddington Enterprise Agreement 2014. The dispute involved the application of the agreement, which was intended to cover employees working at the Maddington site of Stramit Building Products. The Fair Work Commission was the court that heard the matter.

The central legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The court had to assess if the agreement contained all the mandated terms and conditions, if it was fairly negotiated, and if it adhered to the statutory requirements for enterprise agreements.

The Fair Work Commission found that the Stramit Building Products Maddington Enterprise Agreement 2014 was compliant with the Fair Work Act 2009. The court determined that the agreement was made in good faith and without coercion, and it contained all the necessary terms and conditions. The commission approved the agreement, emphasising the importance of ensuring fair and balanced negotiations between employers and employees. This decision upheld the agreement and allowed it to take effect as intended by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established