DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2014/8394)

STRAMIT BUILDING PRODUCTS NEWCASTLE (NEW SOUTH WALES) ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 DECEMBER 2014

Application for approval of the Stramit Building Products Newcastle (New South Wales) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Newcastle (New South Wales) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 December 2014.The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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 the approval of the Stramit Building Products Newcastle (New South Wales) Enterprise Agreement 2014. The Fair Work Commission, comprised of a panel of members, presided over this application. The primary dispute centred around whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to address were whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court had to determine if the agreement appropriately balanced the rights and obligations of both the employer and the employees.

The Fair Work Commission found that the enterprise agreement was made in good faith and provided for a fair and efficient workplace. The agreement was deemed to comply with the Fair Work Act, including the provisions related to minimum entitlements and the protection of employees' rights. The court concluded that the agreement appropriately balanced the interests of both parties, ensuring that it was fair and reasonable. Consequently, the Fair Work Commission approved the Stramit Building Products Newcastle (New South Wales) Enterprise Agreement 2014, confirming its compliance with the necessary legal standards.

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