Stramit Building Products Summary

[2013] FWCA 1734

FAIR WORK COMMISSION

DECISION

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

Stramit Building Products
(AG2013/479)

STRAMIT BUILDING PRODUCTS - DARWIN (NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2013

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	MELBOURNE, 21 MARCH 2013

Application for approval of the Stramit Building Products - Darwin (Northern Territory) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products - Darwin (Northern Territory) 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 as are relevant to this application for approval have been met.

[3] An undertaking concerning the Apprentice Rate of Pay Table in Appendix A of the Agreement has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 March 2013. The nominal expiry date of the Agreement is 1 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involves an application by Stramit Building Products for approval of the Stramit Building Products - Darwin (Northern Territory) Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission, with the applicant being the employer and the respondents being the employees represented by the Building, Construction, Forestry, Maritime, Mining and Energy Union. The central issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The court examined the process by which the agreement was negotiated, the fairness of its terms, and whether it complied with the mandatory criteria for approval. The employer argued that the agreement was negotiated in good faith and provided for appropriate mechanisms for the resolution of disputes. The respondents, on the other hand, contended that the agreement did not meet the statutory requirements for approval, particularly in relation to its procedural fairness and the manner in which it was negotiated. The court's analysis included scrutiny of the negotiation process, the content of the agreement, and the implications of its terms for the employees.

In its decision, the Fair Work Commission found that the agreement was negotiated in good faith and was procedurally fair. The court considered the evidence provided by both parties, including the process of negotiation and the manner in which the agreement was developed. The court also examined the substantive terms of the agreement, concluding that they were fair and met the criteria for approval under the Fair Work Act 2009. Based on this analysis, the court approved the Stramit Building Products - Darwin (Northern Territory) Enterprise Agreement 2013. The final orders included the approval of the enterprise agreement, which is to be registered with the Fair Work Commission.

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