DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2016/6738)

STRAMIT BUILDING PRODUCTS ERSKINE PARK ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Stramit Building Products Erskine Park Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Erskine Park 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/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 22 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Stramit Corporation Pty Limited T/A Stramit Building Products applied for approval of the Stramit Building Products Erskine Park Enterprise Agreement 2016 before the Fair Work Commission. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, procedural fairness, and the agreement's alignment with the Fair Work Act's objectives. The Commission was tasked with determining if the agreement could be certified as meeting the necessary standards.

The legal issues before the Commission involved scrutinising the agreement's procedural fairness, ensuring that all necessary procedural steps were followed and that the agreement was made without coercion, duress, or other unfair labour practices. Additionally, the Commission needed to confirm that the agreement's terms and conditions were fair and balanced, in line with the Fair Work Act's objectives of providing appropriate protection for workers and promoting high levels of economic productivity.

In its decision, the Commission examined the evidence presented by both parties and concluded that the application met the necessary criteria for approval. The Commission found that the agreement was made without any procedural irregularities and that the parties had acted in good faith throughout the process. The terms of the agreement were deemed to be fair and balanced, providing appropriate protections for employees while also being conducive to the business's operational needs. The Commission approved the agreement, certifying it as meeting the requirements of the Fair Work Act.

The Commission's final order was the approval and certification of the Stramit Building Products Erskine Park Enterprise Agreement 2016, which would now be in effect and binding on the parties involved. This decision provided clarity and legal certainty for both the employer and the employees, ensuring that the agreement would be upheld as a legitimate and fair enterprise agreement under the Fair Work Act.

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