DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited t/a Stramit Building Products
(AG2016/408)

STRAMIT BUILDING PRODUCTS TOWNSVILLE (QUEENSLAND) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 17 MARCH 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Townsville (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 17 March 2016 and, in accordance with s.54, will operate from 24 March 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited t/a Stramit Building Products recently came before the Fair Work Commission in relation to the application for approval of the Stramit Building Products Townsville (Queensland) Enterprise Agreement 2016. The application was brought by Stramit Corporation, and the application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The central dispute was whether the enterprise agreement met the requirements of the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement provided for the mandatory bargaining items as required by the Fair Work Act. Specifically, the Commission had to determine if the agreement appropriately dealt with minimum wages, penalty rates, overtime, allowances, and other relevant terms and conditions of employment. The union argued that the agreement failed to address some of these matters, and therefore did not comply with the Act.

The Fair Work Commission assessed the agreement against the statutory requirements and found that it contained provisions for the mandatory bargaining items. The Commission determined that the agreement was fair and reasonable in all its terms, and thus approved the application. The Commission acknowledged the union's concerns but was satisfied that the agreement provided for the necessary terms and conditions as required by the Act. As a result, the application for approval was successful.

The Fair Work Commission approved the Stramit Building Products Townsville (Queensland) Enterprise Agreement 2016, dismissing the union's opposition. The decision confirmed that the agreement was compliant with the Fair Work Act and appropriate for the employees involved.

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