DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2017/3557)

STRAMIT BUILDING PRODUCTS ALBURY ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Stramit Building Products Albury Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Albury 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 Stramit Building Products. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2017. The nominal expiry date of the Agreement is 1 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission considered an application for approval of the Stramit Building Products Albury Enterprise Agreement 2017, between Stramit Corporation Pty Limited T/A Stramit Building Products and various unions representing its employees. The dispute involved the terms and conditions of employment as set out in the proposed enterprise agreement and whether these met the legal requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith, covered the appropriate bargaining unit, and provided for minimum entitlements as set out in the Act. The Commission had to determine if the agreement was fair and whether it met the criteria for a modern award.

The Commission evaluated the submissions and evidence from both parties, focusing on the process of negotiation and the content of the agreement. The Commission found that the agreement was made in good faith, with the employer and unions engaging in genuine bargaining. The agreement was deemed to cover the appropriate bargaining unit and provided for all minimum entitlements required by the Act. The Commission also considered the impact of the agreement on employees and found it to be fair and reasonable, taking into account the needs of the business and the workforce. The Commission concluded that the agreement met the necessary criteria for approval.

As a result, the Fair Work Commission approved the Stramit Building Products Albury Enterprise Agreement 2017. The approved agreement is now legally binding on the parties and will govern the terms and conditions of employment for the relevant workforce. This decision ensures that the agreement is in line with the requirements of the Fair Work Act 2009 and provides a framework for fair and productive industrial relations between the employer and employees.

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