CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Limited T/A Taurean Door Systems
(AG2014/8219)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 DECEMBER 2014

Correction to decision to approve the Taurean Door Systems Bayswater North Enterprise Agreement 2014.

[1] The decision [[2014] FWCA 9157, PR559160] issued by the Fair Work Commission on 16 December 2014 is corrected as follows:

1. By deleting the last sentence in paragraph [4] “The nominal expiry date of the Agreement is 1 September 2014” and inserting in lieu thereof: “The nominal expiry date of the Agreement is 1 September 2017.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stramit Corporation Pty Limited trading as Taurean Door Systems, applied to the Fair Work Commission for a determination that certain provisions in an enterprise agreement were not protected by the industrial advantage provisions of the Fair Work Act 2009. The respondent, United Voice, an industrial organisation, argued that the provisions were protected by the Act. The matter was heard by Commissioner Gair, who found in favour of the applicant. The nature of the dispute was whether certain provisions in an enterprise agreement were protected by the industrial advantage provisions of the Fair Work Act 2009. The legal issue before the Commission was whether the provisions in question were protected by the industrial advantage provisions of the Fair Work Act 2009. The Commission found that the provisions were not protected by the industrial advantage provisions of the Fair Work Act 2009. The Commission reasoned that the provisions in question did not confer an industrial advantage on the respondent, as the provisions did not provide any benefit to the respondent or its members that was not already available to other employers or employees. The Commission further found that the provisions did not confer any protection against competitive disadvantage on the respondent, as the provisions did not prevent other employers from offering the same or similar terms and conditions to their employees. The outcome of the case was that the provisions in question were not protected by the industrial advantage provisions of the Fair Work Act 2009. The Commission made a declaration to this effect and ordered that the provisions in question were not protected by the industrial advantage provisions of the Fair Work Act 2009. The Commission also ordered that the applicant was entitled to costs of the application.

Stramit Corporation Pty Limited T/A Taurean Door Systems

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established