DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2021/5324)

STRAMIT BUILDING PRODUCTS HOBART (BRIGHTON) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 JUNE 2021

Application for approval of the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stramit Corporation Pty Limited T/A Stramit Building Products. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement,
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 organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 15 June 2021. The nominal expiry date of the Agreement is 1 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited T/A Stramit Building Products applied for approval of the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2020. The Fair Work Commission heard the application and was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issues were whether the agreement had been made in good faith, whether it contained only genuinely agreed terms, and whether it met the criteria for simplification, flexibility, and efficiency.

The Commission examined the process by which the agreement was negotiated and found that it had been made in good faith. The parties had engaged in genuine discussions and negotiations, resulting in an agreement that was reflective of the input from both sides. The Commission also considered whether the agreement contained only genuinely agreed terms, which it found to be the case. Finally, the Commission assessed whether the agreement met the criteria for simplification, flexibility, and efficiency, and concluded that it did. The agreement provided for streamlined procedures and practices, as well as provisions for flexible working arrangements and the efficient resolution of disputes.

The Commission approved the Stramit Building Products Hobart (Brighton) Enterprise Agreement 2020, finding that it met the necessary criteria under the Fair Work Act 2009. The agreement was deemed to be fair and appropriate, providing for the simplification, flexibility, and efficiency of workplace relations between the parties. As a result, the agreement was approved and registered with the Fair Work Commission.

Stramit Corporation Pty Limited T/A Stramit Building Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established