Stramit Corporation Pty Limited T/A Stramit Building Products
[2022] FWCA 878
•14 MARCH 2022
[2022] FWCA 878
The attached document replaces the document previously issued with the above code on 14 March 2022.
Year of agreement changed from 2019 to 2021 in heading, catchwords and paragraph [1].
Associate to Deputy President Easton
Dated 15 March 2022.
| [2022] FWCA 878 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2022/531)
Stramit Building Products Regional NSW Branch Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 14 MARCH 2022 |
Application for approval of the Stramit Building Products Regional NSW Branch Enterprise Agreement 2021.
Stramit Corporation Pty Limited T/A Taurean Door Systems (the Employer) has made an application for the approval of the Stramit Building Products Regional NSW Branch Enterprise Agreement 2021 (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 17.2(b) – Personal/Carer’s Leave is 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2022. The nominal expiry date of the Agreement is 1 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515319 PR739269>
Annexure A
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