DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2016/6110)

STRAMIT BUILDING PRODUCTS KNOXFIELD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Knoxfield 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] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 was approved on 15 November 2016 and, in accordance with s.54, will operate from 22 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Stramit Building Products Knoxfield Enterprise Agreement 2016 was heard in the Fair Work Commission. The applicant, Stramit Corporation Pty Limited trading as Stramit Building Products, sought approval of the enterprise agreement which was intended to cover its employees at the Knoxfield site. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to minimum entitlements, dispute resolution processes, and procedural fairness.

The primary legal issues before the commission were whether the agreement provided for the minimum entitlements mandated by the Fair Work Act, whether the dispute resolution processes were appropriate and accessible, and whether the agreement had been negotiated in good faith and approved through a proper process. The commission examined the negotiation records, the contents of the agreement, and the manner in which the agreement was presented to the employees for approval. The fairness of the agreement and the process by which it was approved were also considered, with a focus on whether there was any coercion or undue influence exerted on the employees.

The commission found that the agreement substantially complied with the requirements of the Fair Work Act. It determined that the agreement did provide for the minimum entitlements and included appropriate and accessible dispute resolution processes. The commission was satisfied that the agreement was negotiated in good faith and that the process for approval was fair and procedurally sound. Consequently, the commission approved the Stramit Building Products Knoxfield Enterprise Agreement 2016, finding it to be in accordance with the legislative framework.

The commission's approval of the enterprise agreement means that it will now be binding on the employees covered by the agreement and on the employer. This decision provides certainty and clarity for both parties regarding the terms and conditions of employment moving forward.

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