Stramit Corporation Pty Limited T/A Stramit Building Products

[2022] FWCA 1260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products

(AG2022/666)

Stramit Building Products Maddington (WA) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 8 APRIL 2022

Application for the approval of Stramit Building Products Maddington (WA) Enterprise Agreement 2022.

Stramit Corporation Pty Limited T/A Stramit Building Products (the Employer) has made an application for the approval of the Stramit Building Products Maddington (WA) Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 15.4 – Compassionate Leave and Clause 18.2(a) – Substitution of Public Holiday are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 9 March 2025.

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, sought the court's approval of the Stramit Building Products Maddington (WA) Enterprise Agreement 2022. The application was brought before the Fair Work Commission. The dispute centred around the terms and conditions set forth in the proposed enterprise agreement, which aimed to govern the employment relationship between Stramit and its employees in Maddington, Western Australia.

The court was required to determine whether the proposed agreement complied with the necessary statutory requirements under the Fair Work Act 2009. This included ensuring that the agreement was fairly made, that it met the minimum standards set by the Act, and that it was appropriately certified by an independent certifier. Additionally, the court had to consider if the agreement was made in good faith and without any improper conduct.

In delivering its decision, the court examined the evidence and submissions provided by both parties. The court found that the agreement was fairly made and met all statutory requirements. The evidence demonstrated that the agreement had been negotiated in good faith and that it contained terms and conditions that were no less favourable than the applicable minimum standards. The court was satisfied with the certification process and concluded that the agreement was appropriately certified. Consequently, the court approved the Stramit Building Products Maddington (WA) Enterprise Agreement 2022.

As a result of the court's approval, the enterprise agreement is now legally binding between Stramit Corporation Pty Limited and its employees in Maddington, Western Australia. This decision ensures that the terms and conditions outlined in the agreement are enforceable and will govern the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established