STRAMIT BUILDING PRODUCTS ADELAIDE (CAVAN) ENTERPRISE AGREEMENT 2025

Application for approval of the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Stramit Building Products Adelaide (Cavan) Enterprise Agreement 2025 (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 Limited trading as Stramit Building Products (the Applicant). The Agreement is a single enterprise agreement.

[2] Clause 4.3(b) of the Agreement provides that "no term of this Agreement will operate to exclude the NES. Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. Where a term of the Agreement is more beneficial than the NES, the Agreement term prevails." I am satisfied that this clause resolves any issue in relation to potential inconsistencies with the NES in clause 22.1(b) of the Agreement.

[3] Schedule 4 of the Agreement contains a workplace delegates' rights term. The stated underpinning award for the Agreement is the Manufacturing and Associated Industries and Occupations Award 2020 (Award). The delegates' rights term of the Award was the subject of the recent Federal Court decision Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187. In response to that decision, a Full Bench of the Commission has varied all modern awards, including the Award, to include a new delegates' rights term. The Full Bench determined that the operative date for the new award terms would be 1 July 2024. I am of the view that the delegates' rights term in the Agreement is less favourable than the corresponding term that now appears in the Award and in accordance with s.201(1A) of the Act, note that the delegates' rights term in the Award is taken to be a term of the Agreement.

[4] Having regard to the material filed in support of the application, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.

[5] 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.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2028.

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