DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Eziform Sheet Metal
(AG2018/108)

STRAMIT BUILDING PRODUCTS- EZIFORM (QUEENSLAND) SITE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 20 MARCH 2018

Application for approval of the Stramit Building Products - Eziform (Queensland) Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products - Eziform (Queensland) Site Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stramit Corporation Pty Limited T/A Eziform Sheet Metal. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Stramit Corporation Pty Limited, trading as Eziform Sheet Metal, sought approval of the Stramit Building Products - Eziform (Queensland) Site Enterprise Agreement 2017. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with determining whether the agreement met the necessary requirements for approval, including its compliance with minimum entitlements and the process by which it was made.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement was properly certified as a simple or low-complexity agreement, and whether the process for making the agreement was procedurally fair.

The Commission found that the agreement did indeed meet the statutory requirements for approval. It was determined that the agreement provided for terms and conditions that were at least as favourable as those in the applicable awards and safety nets. Furthermore, there was no evidence of coercion or unfairness in the process of making the agreement. The Commission also confirmed that the agreement was properly classified as a low-complexity agreement and that the process for its making was procedurally fair. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Stramit Building Products - Eziform (Queensland) Site Enterprise Agreement 2017, confirming its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

Stramit Corporation Pty Limited T/A Eziform Sheet Metal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established