Stramit Corporation Pty Limited T/A Stramit Building Products

Case [2016] FWCA 3309


[2016] FWCA 3309
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2016/968)

STRAMIT BUILDING PRODUCTS CAIRNS (QUEENSLAND) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 24 MAY 2016

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE419101  PR580723>

ANNEXURE A

Details
AGLC
Stramit Corporation Pty Limited T/A Stramit Building Products [2016] FWCA 3309
Case
[2016] FWCA 3309
Decision Date

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 Cairns (Queensland) Enterprise Agreement 2016. The Fair Work Commission heard the application and was required to determine whether the agreement was in the interests of employees. The applicant, Stramit, and the respondents, who were employee representatives, each provided submissions and evidence on the agreement's merits.

The Commission examined whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission also considered the agreement's impact on the employees' terms and conditions of employment, including their pay and working conditions. The Commission also considered the views of the employee representatives and whether they had been adequately consulted in the agreement's development.

After considering the submissions and evidence, the Commission found that the agreement met the requirements of the Fair Work Act 2009. The Commission approved the Stramit Building Products Cairns (Queensland) Enterprise Agreement 2016, finding that it was in the interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith. The Commission also found that the employee representatives had been adequately consulted in the agreement's development.

The Commission made an order approving the Stramit Building Products Cairns (Queensland) Enterprise Agreement 2016. The order also included provisions for the agreement's registration and publication, as required by the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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