DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Stramit Building Products
(AG2020/3817)

STRAMIT BUILDING PRODUCTS NEWCASTLE (CARDIFF) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 29 JANUARY 2021

Application for approval of the Stramit Building Products Newcastle (Cardiff) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Newcastle (Cardiff) 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 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 23.6 - Abandonment of employment.

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Stramit Corporation Pty Limited, trading as Stramit Building Products, applied for the approval of the Stramit Building Products Newcastle (Cardiff) Enterprise Agreement 2020. The application was made in the context of a dispute between the company and its employees regarding the terms and conditions of their employment. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 for registration and approval.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable terms and conditions of employment and whether it had been genuinely negotiated between the employer and the employees. The Commission considered the procedural fairness of the negotiation process, the content of the agreement, and whether it complied with the relevant provisions of the Fair Work Act and regulations. A particular focus was on whether the agreement adequately addressed issues such as pay rates, hours of work, and other employment conditions, ensuring they were fair and reasonable.

After examining the submissions from both parties and reviewing the agreement, the Commission concluded that the Stramit Building Products Newcastle (Cardiff) Enterprise Agreement 2020 was fairly and reasonably negotiated and met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and it complied with the requirements of the Fair Work Act. The Commission approved the agreement, allowing it to be registered and enforceable under the Act.

The final orders of the Commission included the approval and registration of the Stramit Building Products Newcastle (Cardiff) Enterprise Agreement 2020, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and both the employer and the employees were bound by its terms. The Commission’s decision provided clarity and certainty regarding the employment conditions, resolving the dispute in favour of the employer and ensuring compliance with the statutory framework governing enterprise agreements.

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