DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2016/1423)

STRAMIT BUILDING PRODUCTS MARYBOROUGH (QUEENSLAND) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Stramit Building Products Maryborough (Queensland) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Maryborough (Queensland) 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. 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.

[4] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 1 August 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 to the Fair Work Commission for approval of the Stramit Building Products Maryborough (Queensland) Enterprise Agreement 2016. The dispute involved the interpretation and application of the Fair Work Act 2009, particularly in relation to the registration of an enterprise agreement that had been subject to amendments post-signing. The applicants argued that the amendments did not alter the fundamental terms of the agreement and should be approved as they complied with the Act's requirements.

The central legal issue was whether the amendments to the agreement, which were made after the initial signing by authorised representatives of the employer and employee, complied with the statutory framework and whether they could be considered as part of the original agreement. The Commission had to determine if these post-signing changes were permissible and whether they adhered to the procedural and substantive requirements set out in the Fair Work Act.

The Fair Work Commission found that the amendments to the agreement did not fundamentally alter the original terms and conditions of employment. It was determined that the changes were procedurally valid as they were made in accordance with the process outlined in the Fair Work Act. The Commission held that the amendments did not introduce new terms that would significantly affect the balance of the agreement and therefore, the agreement, including the amendments, could be approved. The Commission's decision was based on the principle that minor amendments made in good faith and without altering the essential nature of the agreement are permissible.

The Fair Work Commission approved the Stramit Building Products Maryborough (Queensland) Enterprise Agreement 2016, including the amendments, as meeting the requirements of the Fair Work Act. This approval was effective from the date the original agreement was signed, and the Commission ordered that the agreement be registered with the certified terms.

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