DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2016/615)

STRAMIT BUILDING PRODUCTS MACKAY (QUEENSLAND) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 22 MARCH 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Mackay (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 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited T/A Stramit Building Products was the subject of an application before the Fair Work Commission (FWC) for the approval of the Stramit Building Products Mackay (Queensland) Enterprise Agreement 2016. The dispute arose as the FWC was required to determine whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was brought by the company, while the objections were raised by the Australian Manufacturing Workers' Union (AMWU).

The central legal issues before the FWC involved whether the enterprise agreement complied with the statutory requirements, particularly concerning the agreement's terms and conditions, and if it provided for the fair treatment of employees. The FWC had to assess whether the agreement met the "better off overall test" and whether it included all the mandatory terms specified by the Fair Work Act. Additionally, the FWC considered the extent to which the agreement aligned with the principles of fairness and did not unfairly discriminate against any class of employees.

The FWC examined the terms of the enterprise agreement, the submissions made by both parties, and the broader context of the enterprise. It found that the agreement met the statutory requirements and passed the better off overall test. The FWC concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The FWC approved the agreement, finding it to be compliant with the Fair Work Act and suitable for endorsement.

In light of the FWC's findings, it approved the Stramit Building Products Mackay (Queensland) Enterprise Agreement 2016, endorsing it as meeting all necessary statutory requirements. This decision confirmed the agreement's validity and applicability, providing a clear framework for the employment terms and conditions of the employees within the enterprise.

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