DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Ltd T/A Stramit Building Products
(AG2020/1307)

STRAMIT BUILDING PRODUCTS MADDINGTON (WA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 12 JUNE 2020

Application for approval of the Stramit Building Products Maddington (WA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Maddington (WA) 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 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 9 March 2022.

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 the Fair Work Commission (FWC). Stramit sought approval of the Stramit Building Products Maddington (WA) Enterprise Agreement 2019. The application was brought before the Commission by the parties in a bid to resolve a number of issues related to the agreement and to ensure its compliance with the Fair Work Act 2009 (Cth).

The central legal issues that the FWC was required to address included whether the agreement met the requirements for approval under the Act, and if it appropriately balanced the interests of the employer and employees. Specifically, the FWC had to consider whether the agreement provided for minimum terms and conditions that complied with the safety net, and if the agreement contained any provisions that might be considered contrary to public policy or unfair to employees. The FWC also needed to assess the process through which the agreement was formed, ensuring it was negotiated in good faith and covered a genuine enterprise bargaining agreement.

The FWC concluded that the Stramit Building Products Maddington (WA) Enterprise Agreement 2019 did indeed meet the necessary criteria for approval. The Commission found that the agreement was made in good faith and contained terms and conditions that were not less favourable than the applicable award or safety net provisions. Furthermore, the FWC determined that the agreement did not contain any provisions that were contrary to public policy or unfair to employees. The Commission was satisfied with the process of negotiation and the genuineness of the agreement as an enterprise bargaining agreement. Consequently, the FWC approved the agreement, recognising it as a lawful and fair enterprise agreement under the 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