Stramit Corporation Pty Limited T/A Stramit Building Products

[2014] FWCA 4837

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2014/1643)

STRAMIT BUILDING PRODUCTS HOBART (BRIGHTON) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 JULY 2014

Application for approval of the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2014.

[1] The Decision issued on 18 July 2014 in [2014] FWCA 4837 [PR553299] is corrected as follows:

1. By deleting in paragraph [4] the nominal expiry date of ‘28 February 2014’ and replacing it with ‘28 February 2017’.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of an enterprise agreement between Stramit Corporation Pty Limited, trading as Stramit Building Products, and its employees. The agreement in question was the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2014. The dispute centred on the approval of this agreement under the Fair Work Act 2009. The primary legal issue before the FWC was whether the agreement met the necessary criteria for approval, including the requirement for it to be in the best interests of the employees and to comply with the provisions of the Fair Work Act.

The FWC examined various aspects of the agreement, including its provisions on wages, hours of work, and other conditions of employment. The Commission also considered the process by which the agreement was made and whether it had been genuinely bargained. The FWC noted that the agreement was the result of negotiations between the employer and the employees and had been certified as a simple, single-enterprise agreement. The decision to approve the agreement hinged on whether it met the statutory requirements and served the interests of the employees.

In its reasoning, the FWC found that the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2014 was consistent with the objectives of the Fair Work Act. The agreement was deemed to be in the best interests of the employees as it provided fair and reasonable terms of employment. The FWC also confirmed that the agreement had been genuinely negotiated and certified as a simple, single-enterprise agreement. Therefore, the Commission approved the agreement, correcting a minor error in the nominal expiry date from 28 February 2014 to 28 February 2017.

The FWC's final order was to approve the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2014, with the correction in the nominal expiry date. The agreement was to remain in effect until the corrected expiry date, providing a stable framework for employment conditions within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established