DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Stramit Corporation Pty Ltd T/A Stramit Building Products
(AG2019/5134)

STRAMIT BUILDING PRODUCTS REGIONAL NSW BRANCH ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the Stramit Building Products Regional NSW Branch Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Stramit Building Products Regional NSW Branch Enterprise Agreement 2019 (‘the Agreement’). The application was made by Stramit Corporation Pty Ltd T/A Stramit Building Products (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (‘the AMWU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Stramit Corporation Pty Ltd, trading as Stramit Building Products, and the Australian Building and Construction Commission. The application was for the approval of the Stramit Building Products Regional NSW Branch Enterprise Agreement 2019. The Fair Work Commission was the court that heard the case.

The legal issues that the court had to address included whether the agreement complied with the relevant legislative provisions, and whether it met the criteria for approval as set out in the Fair Work Act 2009. The primary concern was whether the agreement provided adequate protections for the employees and ensured that they were fairly compensated.

In its reasoning, the Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act 2009 and met the necessary criteria for approval. The Commission highlighted that the agreement included provisions for minimum rates of pay, penalties for breaches, and provisions for termination and redundancy. The Commission also noted that the agreement had been negotiated in good faith and was free from any unlawful content. The Commission concluded that the agreement provided sufficient protections for the employees and was fair and reasonable.

The Fair Work Commission approved the Stramit Building Products Regional NSW Branch Enterprise Agreement 2019, effective from the date of the decision. The agreement was to remain in force until 30 June 2024 or until it was terminated or replaced by a new agreement. The decision provided certainty for both the employer and the employees and ensured that the agreement was compliant with the relevant legislative provisions.

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