Stramit Corporation Pty Limited T/A Stramit Building Products

Case •

[2022] FWCA 1260

•

8 APRIL 2022
[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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE515654 PR740209>

Annexure A

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