Stramit Corporation Pty Limited T/A Stramit Building Products Summary

[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

Annexure A

CaseChat Overview and Summary

The applicant, Stramit Corporation Pty Limited trading as Stramit Building Products, applied to the Fair Work Commission for the approval of the Stramit Building Products Regional NSW Branch Enterprise Agreement 2021. The application was made under section 230 of the Fair Work Act 2009, which requires the agreement to meet certain criteria to be valid and enforceable. The dispute centred around whether the agreement met the requirements of the Act and whether it was appropriately negotiated and agreed upon.

The central legal issues the court needed to address were whether the agreement was genuinely negotiated between the employer and the employees' representatives, whether it contained the mandatory terms set out in section 235 of the Fair Work Act, and whether it complied with the good faith bargaining provisions under section 228. The court also needed to consider whether the agreement included the correct employee classifications and whether it provided for appropriate dispute resolution mechanisms.

In examining these issues, the court found that the agreement had been genuinely negotiated between the parties, as evidenced by the comprehensive negotiation process documented in the record. The agreement contained all the mandatory terms required by the Act, including provisions on minimum wages, penalties, allowances, and leave entitlements. The court was satisfied that the bargaining process was conducted in good faith, with both parties demonstrating a willingness to reach a fair and equitable agreement. The classification of employees within the agreement was deemed accurate, and the dispute resolution mechanisms were appropriate and compliant with the Act.

The Fair Work Commission approved the Stramit Building Products Regional NSW Branch Enterprise Agreement 2021, finding it to be a valid and enforceable agreement. The court's decision ensures that the agreement will provide a stable and fair framework for the employment of workers in the Regional NSW Branch of Stramit Building Products.

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