Stramit Corporation Pty Ltd T/A Stramit Building Products

[2023] FWCA 2133

[2023] FWCA 2133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Stramit Corporation Pty Ltd T/A Stramit Building Products

(AG2023/2130)

STRAMIT BUILDING PRODUCTS ERSKINE PARK ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 12 JULY 2023

Application for approval of the Stramit Building Products Erskine Park Enterprise Agreement 2023

Introduction

1. Stramit Corporation Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Stramit Building Products Erskine Park Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 15 June 2023.

Regulation 2.06 Requirements

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

NES precedence term in Clause 4.2(c) of the Agreement

1. The Agreement has a number of terms which may be inconsistent with the National Employment Standards (NES). These are clause 25.2(a), which provides that that the employer and a majority of affected employees may agree to substitute a public holiday for another day, clause 31.1, which provides that redundancy pay is not payable where the employer finds suitable alternative employment notwithstanding the provisions of s.120 of the Act, and Clause 22.4, which does not refer to compassionate leave being available after the stillbirth of a child of the employee or a member of the employee’s immediate family or household or after the employee or the employee’s spouse or de facto partner has a miscarriage.

1. I note that in accordance with the NES precedence term in Clause 4.2(c) of the Agreement as amended by the undertakings provided by the Employer, these clauses will be read and interpreted in conjunction with the NES.

Section 190 Undertakings

1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

1. 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.

1. In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520722  PR764130>