DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2016/619)

STRAMIT BUILDING PRODUCTS ROCKHAMPTON (QUEENSLAND) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 APRIL 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Rockhampton (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] 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 Agreement was approved on 5 April 2016 and, in accordance with s.54, will operate from 12 April 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited, trading as Stramit Building Products, applied to the Fair Work Commission for approval of the Stramit Building Products Rockhampton (Queensland) Enterprise Agreement 2016. The application was brought by the company, which sought to have the agreement approved under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who argued that the agreement did not meet the "better off overall test" and contained provisions that were contrary to public policy.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the "better off overall test". The CFMEU argued that the agreement did not meet the "better off overall test" because it provided for lower rates of pay and reduced conditions for certain employees. The company argued that the agreement was fair and reasonable and provided for better outcomes for employees overall.

The Fair Work Commission found that the agreement did not meet the "better off overall test" because it provided for lower rates of pay and reduced conditions for certain employees. The Commission found that the agreement contained provisions that were contrary to public policy and could not be approved. The Commission noted that the agreement provided for lower rates of pay for certain employees and reduced conditions such as leave entitlements and penalty rates. The Commission also found that the agreement contained provisions that were inconsistent with the National Employment Standards and the General Protections provisions of the Fair Work Act 2009.

The Fair Work Commission refused to approve the Stramit Building Products Rockhampton (Queensland) Enterprise Agreement 2016. The Commission found that the agreement did not meet the requirements of the Fair Work Act 2009 and did not comply with the "better off overall test". The Commission found that the agreement contained provisions that were contrary to public policy and could not be approved.

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