Stramit Corporation Pty Limited T/A Stramit Building Products Summary

[2025] FWCA 219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products

(AG2024/5284)

STRAMIT BUILDING PRODUCTS REGIONAL NSW BRANCH ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 21 JANUARY 2025

Application for approval of the Stramit Building Products Regional NSW Branch Enterprise Agreement 2024

Stramit Corporation Pty Ltd has applied for approval of an enterprise agreement known as the Stramit Building Products Regional NSW Branch Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The AMWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 28 January 2025. The nominal expiry date of the Agreement is 1 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Stramit Corporation Pty Limited, trading as Stramit Building Products, sought approval of the Stramit Building Products Regional NSW Branch Enterprise Agreement 2024. The dispute centred on the terms and conditions outlined in the proposed agreement, which the union representing the employees contested on several grounds. The matter was heard by the Commission, tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act.

The legal issues before the Commission involved whether the agreement was genuinely negotiated, if it complied with the good faith bargaining obligations, and whether it met the minimum terms and conditions set out in the Fair Work Act. Furthermore, the Commission had to consider if the agreement provided adequate protections for employees and whether it allowed for effective representation by the union.

The Commission found that the agreement was genuinely negotiated and met the good faith bargaining requirements. The terms and conditions were deemed fair and met the minimum standards under the Fair Work Act. The Commission also noted that the agreement provided adequate protections for employees and allowed for effective union representation. Consequently, the application for approval was successful.

The Commission approved the Stramit Building Products Regional NSW Branch Enterprise Agreement 2024, effective from the date of the decision. This approval signifies that the agreement will govern the terms and conditions of employment for the employees covered by the agreement. The union and the employer are now bound by the terms of the approved agreement, which will regulate their industrial relations for the specified period.

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