Stramit Building Products

[2013] FWCA 774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Building Products
(AG2013/17)

STRAMIT BUILDING PRODUCTS - MACKAY (QUEENSLAND) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 5 FEBRUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products - Mackay (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 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stramit Building Products, sought approval of an enterprise agreement. The agreement in question was the Stramit Building Products – Mackay (Queensland) Enterprise Agreement 2013, which sought to regulate the terms and conditions of employment for employees in Mackay, Queensland. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to warrant its approval.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it had been made without coercion, and whether it contained the minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission had to consider whether the agreement included appropriate processes for resolving disputes and whether it adhered to the procedural fairness requirements.

The Commission found that the agreement had been made in good faith and without coercion, and that it contained the minimum terms and conditions as required by the Fair Work Act. The Commission also determined that the agreement included appropriate processes for resolving disputes and that it complied with the procedural fairness requirements. The Commission approved the Stramit Building Products – Mackay (Queensland) Enterprise Agreement 2013, noting that it met all the necessary criteria for approval under the Fair Work Act.

The Commission ordered that the Stramit Building Products – Mackay (Queensland) Enterprise Agreement 2013 be approved as a registered agreement under section 173 of the Fair Work Act, effective from the date of the Commission’s decision. The Commission further ordered that the agreement be published on the Fair Work Commission’s website and that copies of the approved agreement be provided to 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