DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2017/2471)

STRAMIT BUILDING PRODUCTS MADDINGTON ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 9 AUGUST 2017

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

[1] On 26 June 2017 Stramit Corporation Pty Limited T/A Stramit Building Products (Applicant) made an application for approval of the Stramit Building Products Maddington Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement
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[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 August 2017. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stramit Corporation Pty Limited trading as Stramit Building Products, sought approval of the Stramit Building Products Maddington Enterprise Agreement 2017. The applicant is an employer within the scope of the Fair Work Act 2009 and the respondent, the Building and Construction Union of Australia, is a registered organisation within the meaning of that Act. The nature of the dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions, and whether it had been fairly negotiated.

The legal issues before the Commission included whether the agreement contained terms that were unfair or unreasonable, whether the agreement had been negotiated in good faith, and whether the agreement provided for appropriate mechanisms to facilitate its implementation and enforcement. The Commission considered submissions from both parties and examined the content of the proposed agreement in detail. The Commission noted that the agreement provided for a range of terms and conditions, including wages, leave entitlements, and dispute resolution mechanisms.

After careful consideration, the Commission found that the proposed agreement was fair and reasonable, and had been negotiated in good faith. The Commission approved the Stramit Building Products Maddington Enterprise Agreement 2017, subject to certain minor amendments to ensure compliance with the Fair Work Act. The Commission made orders approving the agreement, with the amendments, as a registered agreement under the Fair Work Act. The parties were directed to take all necessary steps to give effect to the approved agreement.

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