DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Taurean Door Systems
(AG2017/6419)

TAUREAN DOOR SYSTEMS (VIC) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Taurean Door Systems (Vic) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Taurean Door Systems (Vic) Enterprise Agreement 2017 (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 Taurean Door Systems. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Stramit Corporation Pty Limited, trading as Taurean Door Systems, which sought approval of an enterprise agreement from the Fair Work Commission. The nature of the dispute was related to the procedural fairness in the way the application was handled by the Commission, specifically whether the Commission had adequately considered the submissions made by the company.

The legal issues before the court were primarily concerned with whether the Commission had breached the principles of natural justice and procedural fairness by failing to properly consider the company's submissions, and whether the Commission had acted within its jurisdiction in making the decision to approve the enterprise agreement.

The court found that the Commission had not breached the principles of natural justice or procedural fairness. It was determined that the Commission had given appropriate consideration to the submissions made by the company and that the decision-making process was fair and just. The court also held that the Commission had acted within its jurisdiction in approving the enterprise agreement. The court found that there was sufficient evidence to support the approval of the agreement, and that the Commission had correctly applied the relevant legal standards in making its decision.

No further orders were made by the court beyond affirming the Commission's decision to approve the enterprise agreement. The company's application for review of the Commission's decision was dismissed, and the Taurean Door Systems (Vic) Enterprise Agreement 2017 was approved as filed.

Stramit Corporation Pty Limited T/A Taurean Door Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established