DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2020/4094)

STRAMIT (INC TAUREAN DOOR SYSTEMS) CRESTMEAD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Stramit (Inc Taurean Door Systems) Crestmead Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Stramit (Inc Taurean Door Systems) Crestmead 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 note Clauses 16.2(b), 19 and 22.4(vii) are inconsistent with the National Employment Standards. Given the National employment Standards precedence clause at clause 4.2(b) of the agreement, I am satisfied that the more beneficial entitlement of the NES will prevail.

[3] The Australian Workers’ Union (AWU) 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 of the Act, will operate from 10 February 2021. The nominal expiry date of the Agreement is 1 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stramit Corporation Pty Limited, trading as Stramit Building Products, recently sought approval for the Stramit (Inc Taurean Door Systems) Crestmead Enterprise Agreement 2020. The application was made before the Fair Work Commission, which was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred around the provisions of the agreement and whether it complied with the legislative requirements designed to protect the rights of employees and ensure fair and reasonable terms of employment.

The primary legal issues before the Commission involved the interpretation of the Fair Work Act 2009, particularly sections that govern the approval of enterprise agreements. The Commission needed to assess if the agreement appropriately dealt with employee entitlements, such as minimum wages, leave provisions, and dispute resolution mechanisms. Additionally, the court considered whether the agreement met the genuine bargaining requirement and whether the process by which it was negotiated was fair and in good faith.

In reaching its decision, the Commission closely examined the evidence provided regarding the bargaining process and the content of the agreement. The Commission found that the agreement was negotiated in good faith and met the genuine bargaining requirement. The terms of the agreement were deemed fair and reasonable, addressing the rights and obligations of both employers and employees. Consequently, the Commission approved the Stramit (Inc Taurean Door Systems) Crestmead Enterprise Agreement 2020, affirming that it complied with all necessary statutory provisions. The approval ensures that the agreement can now be applied to the relevant employees, providing a framework for their employment terms and conditions.

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