Stramit Corporation Pty Limited T/A Stramit Building Products Summary

[2013] FWCA 8881

The attached document replaces the document previously issued with the above code on 12 November 2013, which is amended by adding “2013” at the end of the name of the agreement in the preamble and in paragraph [1].

Fran Cashman

Associate to Commissioner Ryan

Dated: 12 November 2013.

[2013] FWCA 8881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2013/9997)

STRAMIT BUILDING PRODUCTS ALBURY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the Stramit Building Products Albury Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Albury Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Stramit Corporation Pty Ltd T/A Stramit Building Products. 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 and, in accordance with s.54(1), will operate from 19 November 2013. The nominal expiry date of the Agreement is 5 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited, trading as Stramit Building Products, applied for the approval of the Stramit Building Products Albury Enterprise Agreement 2013. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair safety net, met the "better off overall test," and contained appropriate dispute resolution provisions.

The Commission examined the application to ensure that the proposed agreement adhered to the legislative standards. It assessed whether the agreement offered employees terms and conditions that were no less favourable than those provided by the relevant award or safety net provisions. The Commission also considered if the agreement was "better off overall" for employees, which involves a comparison of the proposed terms against existing conditions. Additionally, the Commission evaluated the dispute resolution mechanisms within the agreement to ensure they were fair and effective.

In its decision, the Fair Work Commission found that the Stramit Building Products Albury Enterprise Agreement 2013 met all the necessary criteria. The agreement provided for a fair safety net and met the better off overall test. The Commission was satisfied with the dispute resolution provisions, deeming them appropriate and compliant with the requirements of the Fair Work Act 2009. Consequently, the Commission approved the application for the agreement.

Stramit Corporation Pty Limited T/A Stramit Building Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established