DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Ltd T/A Stramit Building Products
(AG2020/1761)

STRAMIT BUILDING PRODUCTS ERSKINE PARK ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 13 JULY 2020

Application for approval of the Stramit Building Products Erskine Park Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Stramit Building Products Erskine Park Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Stramit Corporation Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU) and 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) and based on the statutory declaration provided by the AMWU, I note that the Agreement covers the AMWU.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 July 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in the case were Stramit Corporation Pty Ltd, trading as Stramit Building Products, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Stramit Building Products Erskine Park Enterprise Agreement 2019. The case was heard by the Fair Work Commission (FWC) in Australia.

The central legal issue that the FWC had to resolve was whether the application for the approval of the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion.

The FWC concluded that the application satisfied the legal criteria for approval. The commission found that the agreement included terms that were fair and reasonable, and it was made in good faith without any coercion. The FWC noted that there were provisions for the protection of employees' rights, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The commission also found that both parties had engaged in genuine bargaining, leading to the formation of an agreement that was in the best interests of the employees.

As a result, the FWC approved the Stramit Building Products Erskine Park Enterprise Agreement 2019. This decision sets a precedent for future enterprise agreements in the industry and ensures that the rights and interests of employees are protected within the framework of the Fair Work Act.

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