Stramit Building Products

[2013] FWCA 776

FAIR WORK COMMISSION

DECISION

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

Stramit Building Products
(AG2013/18)

STRAMIT BUILDING PRODUCTS TOWNSVILLE (QUEENSLAND) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 5 FEBRUARY 2013

Application for approval of the Stramit Building Products Townsville (Queensland) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products - Townsville (Queensland) Enterprise Agreement 2013. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stramit Building Products. 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 12 February 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Stramit Building Products and the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the Stramit Building Products Townsville (Queensland) Enterprise Agreement 2013 from the Fair Work Commission. The application was brought before the Full Bench of the Commission. The dispute centred around the terms and conditions of the proposed enterprise agreement, with the respondents arguing that it did not meet the requirements of the Fair Work Act 2009. Specifically, they contended that the agreement failed to provide for a fair and equitable resolution of disputes, among other concerns.

The legal issues the court was required to decide involved whether the agreement satisfied the statutory criteria for approval, including whether it provided for fair and equitable dispute resolution mechanisms and complied with other legislative requirements. The court had to examine the specific provisions of the agreement against the statutory benchmarks established by the Fair Work Act.

The Full Bench of the Commission found that the proposed enterprise agreement met the necessary requirements for approval. The court noted that the agreement included provisions that ensured fair and equitable dispute resolution mechanisms were in place, and it complied with other legislative mandates. The Commission held that the agreement provided for a process that was both fair and effective in addressing employee grievances, and thus, it met the statutory criteria for approval. The court confirmed the approval of the enterprise agreement, allowing it to proceed as intended.

No final orders were specifically detailed in the text, but the approval of the enterprise agreement was confirmed, allowing it to take effect as per the terms outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established