DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Ltd T/A Stramit Building Products
(AG2016/5637)

STRAMIT BUILDING PRODUCTS ADELAIDE (CAVAN) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2016 (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 Ltd 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 18 October 2016 and, in accordance with s.54, will operate from 25 October 2016. The nominal expiry date of the Agreement is 4 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Stramit Corporation Pty Ltd, trading as Stramit Building Products, and its employees, represented by the Australian Manufacturing Workers' Union. The issue at hand was an application for the approval of the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009.

The Commission considered the submissions from both parties, focusing on the procedural fairness of the agreement's negotiation and the compliance of the agreement with the statutory requirements. The Commission found that the agreement was negotiated in good faith and that the parties had followed appropriate procedures. It also determined that the agreement met the necessary criteria for approval, including provisions on minimum rates of pay, classification of employees, and other relevant terms and conditions. The Commission was satisfied that the agreement was in the best interests of the employees and that it provided for their fair and reasonable terms of employment.

Consequently, the Fair Work Commission approved the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2016. This decision recognised the agreement as a valid and enforceable enterprise agreement between Stramit Corporation Pty Ltd and its employees, providing a framework for their working conditions and terms of employment.

Stramit Corporation Pty Ltd 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