DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2015/1194)

STRAMIT BUILDING PRODUCTS ORANGE (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	NEWCASTLE, 4 JUNE 2015

Application for approval of the Stramit Building Products Orange (New South Wales) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Orange (New South Wales) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 20 May 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 30 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

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 Orange (New South Wales) Enterprise Agreement 2015. The applicant and the employees' representatives had reached an agreement on the terms of the proposed enterprise agreement, and the applicant sought the commission’s approval in accordance with the Fair Work Act 2009.

The legal issues the court had to decide included whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion. The court also needed to determine if the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement provided for appropriate mechanisms for resolving disputes between the parties.

The Fair Work Commission found that the enterprise agreement was made in good faith and without coercion. The commission determined that the agreement provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement included appropriate mechanisms for resolving disputes between the parties. The commission concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the Stramit Building Products Orange (New South Wales) Enterprise Agreement 2015.

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