Stramit Corporation Pty Limited T/A Stramit Building Products Summary

[2017] FWCA 5315

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products

(AG2017/3416)

Stramit Building Products Hobart (Brighton) Enterprise Agreement 2017

Tasmania
Deputy President Masson	MELBOURNE, 13 OCTOBER 2017

Application for approval of the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Stramit Building Products Hobart (Brighton) 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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 1 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited, trading as Stramit Building Products, sought approval for the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2017. The application was before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred around whether the agreement appropriately balanced the interests of the employees and the employer, and if it complied with the relevant legislative provisions.

The legal issues the court had to decide included whether the agreement had been made in good faith, whether it covered the correct bargaining units, and if it met the procedural requirements for enterprise agreements. Additionally, the court examined whether the agreement provided appropriate protections for employee entitlements, including minimum wages, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was made in good faith and covered the correct bargaining units. It was noted that the agreement contained provisions for minimum wages, leave entitlements, and dispute resolution mechanisms that complied with the Fair Work Act. The court further determined that all procedural requirements were met, including the provision of relevant information to employees and the opportunity for employee representation. The Commission approved the agreement on the basis that it appropriately balanced the interests of the employees and the employer, and met all legislative requirements.

The Fair Work Commission approved the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2017, affirming that it met all necessary statutory requirements and appropriately balanced the interests of the employees and the employer.

Stramit Corporation Pty Limited T/A Stramit Building Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established