Stramit Corporation Pty Ltd T/A Stramit Building Products

[2023] FWCA 869

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

(AG2023/580)

APPLICATION FOR APPROVAL OF THE STRAMIT BUILDING PRODUCTS ADELAIDE (CAVAN) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2023

Application for approval of the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Manufacturing Workers Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER SIMPSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stramit Corporation Pty Ltd, trading as Stramit Building Products, sought the court's approval of the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements set forth under the Fair Work Act 2009. The dispute centred on whether the agreement provided fair and reasonable terms and conditions for the employees of Stramit Building Products.

The key legal issue before the court was whether the agreement was a "better off overall test" (BOOT) compliant agreement. The court examined the agreement's provisions in relation to the employees' wages, conditions, and other benefits to ensure that it did not disadvantage the employees. The court also considered whether the agreement was consistent with the relevant industrial awards and whether it contained appropriate dispute resolution mechanisms.

After reviewing the agreement and the submissions from both parties, the Fair Work Commission found that the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2022 was BOOT compliant. The court determined that the agreement provided fair and reasonable terms and conditions for the employees, and that it did not disadvantage them compared to the applicable industrial awards. The court also found that the agreement contained appropriate dispute resolution mechanisms, which would enable any future disputes to be resolved efficiently and effectively. The Fair Work Commission approved the agreement, allowing it to come into effect on the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established