DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2016/7658)

STRAMIT BUILDING PRODUCTS DARWIN (NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Stramit Building Products Darwin (Northern Territory) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Darwin (Northern Territory) Enterprise Agreement 2016 (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/As 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2017. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Stramit Corporation Pty Limited trading as Stramit Building Products, who sought approval of the Stramit Building Products Darwin (Northern Territory) Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which is responsible for the approval of enterprise agreements under Australian labour law.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it contained the minimum terms and conditions required by law, and if it was appropriately certified by an independent body. The fairness of the agreement, including its impact on employees and the balance of bargaining power between the employer and employees, was also examined.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The certification process was deemed to have been properly followed, and the overall fairness of the agreement was considered acceptable given the specific circumstances of the enterprise. The Commission was satisfied that the agreement did not unjustifiably disadvantage the employees and that it represented a reasonable outcome of the bargaining process. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Stramit Building Products Darwin (Northern Territory) Enterprise Agreement 2016, which became legally binding on the parties from the date of the Commission’s decision. The approval was contingent on the agreement being registered with the Fair Work Commission Registry within the stipulated timeframe.

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