M&I Samaras (No 1) Pty Ltd & M&I Samaras (No 2) Pty Ltd & M&I Samaras (No 3) Pty Ltd T/A Samaras Structural Engineers

Case •

[2024] FWCA 3630

•

22 OCTOBER 2024
[2024] FWCA 3630

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

M&I Samaras (No 1) Pty Ltd & M&I Samaras (No 2) Pty Ltd & M&I Samaras (No 3) Pty Ltd T/A Samaras Structural Engineers

(AG2024/3604)

Manufacturing and associated industries

COMMISSIONER THORNTON

ADELAIDE, 22 OCTOBER 2024

Application for approval of the Samaras Structural Engineers Workshop Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Samaras Structural Engineers Workshop Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M&I Samaras (No 1) Pty Ltd & M&I Samaras (No 2) Pty Ltd & M&I Samaras (No 3) Pty Ltd T/A Samaras Structural Engineers (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Automotive, Metal, Engineering, Printing and Kindred Industries 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.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act from 29 October 2024. The nominal expiry date of the Agreement is 29 October 2027.

COMMISSIONER

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<AE526424  PR780368>

ANNEXURE A

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