Stramit Corporation Pty Limited Summary

[2013] FWCA 5452

FAIR WORK COMMISSION

DECISION

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

Stramit Corporation Pty Limited
(AG2013/2074)

STRAMIT BUILDING PRODUCTS ERSKINE PARK ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Erskine Park 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 August 2013. The nominal expiry date of the Agreement is31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application to approve the Stramit Building Products Erskine Park Enterprise Agreement 2013. The applicant, Stramit Corporation Pty Limited, sought approval under section 232 of the Fair Work Act 2009, while the respondents included the Building, Construction, Forestry, Mining, Energy Union and several employees of the applicant company. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly in terms of its compliance with the "better off overall test" and other statutory criteria.

The Commission had to determine whether the agreement provided employees with a direct or indirect financial benefit compared to the applicable award or registered agreement. This involved a detailed examination of the financial implications of the proposed agreement, including wage rates, penalty rates, allowances, and other conditions of employment. The Commission also considered whether the agreement complied with other statutory provisions, such as those relating to redundancy, leave entitlements, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the Stramit Building Products Erskine Park Enterprise Agreement 2013 did indeed satisfy the better off overall test, as well as all other relevant statutory criteria. The Commission concluded that the proposed agreement provided employees with a fair and reasonable package of terms and conditions, including improved wages and other benefits, that met or exceeded the minimum standards set by the applicable award. Consequently, the Commission approved the agreement, recognising it as a valid enterprise agreement under the Fair Work Act.

The Commission's final orders included the approval of the Stramit Building Products Erskine Park Enterprise Agreement 2013, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, including those represented by the Building, Construction, Forestry, Mining, Energy Union, and to remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

Stramit Corporation Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established