AMTEL Pty Ltd T/A Stramit Building Products Summary

[2013] FWCA 2339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMTEL Pty Ltd T/A Stramit Building Products
(AG2013/593)

STRAMIT BUILDING PRODUCTS MADDINGTON ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 APRIL 2013

Application for approval of the Stramit Building Products Maddington Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Maddington Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AMTEL Pty Ltd T/A Stramit Building Products sought approval of the Stramit Building Products Maddington Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission. The legal issues centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it included the necessary minimum terms and conditions and whether the agreement was made in good faith and without coercion.

The Commission examined the content of the agreement, the process by which it was negotiated, and the nature of the relationship between the parties. The employer argued that the agreement was a genuine result of bargaining and contained all necessary terms. The Commission considered the principles of good faith bargaining and the requirements for the approval of enterprise agreements under the Fair Work Act. It found that the agreement did indeed meet the statutory requirements and was made without any undue influence or coercion. The Commission was satisfied that all minimum terms and conditions were included in the agreement and that the process of negotiation was fair and transparent.

As a result, the Fair Work Commission approved the Stramit Building Products Maddington Enterprise Agreement 2013. This decision provided clarity and certainty for the parties involved, ensuring that the agreement was legally binding and enforceable. The Commission's decision underscored the importance of adhering to the legislative framework for enterprise agreements in Australia.

AMTEL Pty Ltd T/A Stramit Building Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established