DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2020/2778)

STRAMIT BUILDING PRODUCTS ADELAIDE (CAVAN) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 6 NOVEMBER 2020

Application for approval of the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Stramit Corporation Pty Limited T/A Stramit Building Products (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited, trading as Stramit Building Products, applied to the Fair Work Commission for approval of the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2020. The applicant sought to have the agreement approved as a single-enterprise agreement, without the need for a vote by employees. The application was made under the Fair Work Act 2009, which sets out the process for the approval of enterprise agreements.

The legal issues before the court involved whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act. Specifically, the court had to determine whether the agreement complied with the provisions for single-enterprise agreements and whether it contained the necessary protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The court also had to consider whether the application process was properly followed and whether there was any procedural unfairness in the manner in which the application was made.

The Fair Work Commission examined the terms of the proposed agreement and found that it met the statutory requirements under the Fair Work Act. The Commission noted that the agreement provided for appropriate minimum wages and conditions, included provisions for leave entitlements and dispute resolution, and was consistent with the overall purpose of the Act to promote better industrial relations. The Commission also found that the application process was properly followed and that there was no procedural unfairness. Consequently, the Commission approved the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2020 as a single-enterprise agreement.

The Fair Work Commission's decision to approve the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2020 provides clarity for both the employer and employees regarding the terms of their industrial relationship. The court's decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements and provide adequate protections for employees while promoting better industrial relations.

Stramit Corporation Pty Limited T/A Stramit Building Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established