DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stramit Corporation Pty Ltd T/A Stramit Building Products
(AG2017/4682)

STRAMIT BUILDING PRODUCTS NEWCASTLE (NSW) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 27 OCTOBER 2017

Application for approval of the Stramit Building Products Newcastle (NSW) Enterprise Agreement 2017.

[1] On 6 October 2017 Stramit Corporation Pty Ltd T/A Stramit Building Products (Applicant) made an application for approval of the Stramit Building Products Newcastle (NSW) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

[2] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

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, which sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred around the terms of the proposed agreement, specifically whether it complied with the necessary legal standards and whether it should be certified as a single interest employer agreement. The case was heard in the Fair Work Commission of Australia.

The central legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009, and if it could be certified as a single interest employer agreement. This included examining whether the agreement provided for the appropriate minimum terms and conditions, and whether it was made in good faith and without the influence of prohibited content.

The Commission carefully reviewed the agreement, considering submissions from both Stramit Corporation and other interested parties. The Commission found that the agreement contained all the necessary minimum terms and conditions and did not include any prohibited content. It was also satisfied that the agreement was made in good faith. Consequently, the Commission approved the Stramit Building Products Newcastle (NSW) Enterprise Agreement 2017 and certified it as a single interest employer agreement.

The Fair Work Commission approved the Stramit Building Products Newcastle (NSW) Enterprise Agreement 2017 and certified it as a single interest employer agreement. This decision was made based on the Commission's determination that the agreement met all legal requirements and was made in good faith. The Commission's approval and certification of the agreement allow it to come into effect and govern the employment conditions of the relevant employees.

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