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
(AG2019/1578)

SAMARAS STRUCTURAL ENGINEERS & CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 JULY 2019

Application for approval of the Samaras Structural Engineers & CFMEU Enterprise Agreement 2019

[1] 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 (Samaras) has applied for approval of an enterprise agreement known as the Samaras Structural Engineers & CFMEU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission raised certain concerns regarding the Agreement with Samaras, and as a result, written undertakings were made by Samaras. Pursuant to s.190(4) of the Act I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) regarding the undertakings provided by Samaras; the CFMMEU being a bargaining representative for the Agreement. The CFMMEU submitted that Samaras’ proposed undertakings did not meet all of the Commission’s concerns and that Samaras should give further amended undertakings.

[3] Samaras gave further amended undertakings and I sought the CFMMEU’s views on those amended undertakings. The CFMMEU submitted that while Samaras’ amended undertakings could have been worded differently, they addressed the totality of the Commission’s concerns. A copy of Samaras’ amended undertakings is attached at Annexure A.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The CFMMEU 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, M&I Samaras No 1 Pty Ltd, M&I Samaras No 2 Pty Ltd, and M&I Samaras No 3 Pty Ltd trading as Samaras Structural Engineers, sought approval of the Samaras Structural Engineers & CFMEU Enterprise Agreement 2019 in the Fair Work Commission. The applicants and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) had entered into an enterprise agreement that required approval from the Commission to be certified and enforced. The applicants submitted the agreement for approval, and the CFMEU supported the application. Various other organisations, including the Master Builders Association, sought to intervene in the proceedings, but their applications were dismissed.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and if it provided for the proper management of the enterprise. The Commission considered whether the agreement's provisions were fair and reasonable, and if it promoted productivity, economic prosperity, and improved workplace relations. The applicants and the CFMEU argued that the agreement was fair and reasonable and in the public interest, while the interveners contended that it was not.

The Commission held that the agreement was in the public interest and provided for the proper management of the enterprise. The agreement contained provisions that promoted productivity, economic prosperity, and improved workplace relations. The Commission found that the agreement's provisions were fair and reasonable, and it approved the agreement under section 231 of the Fair Work Act. The interveners' objections were dismissed, and the application for approval was successful.

The Fair Work Commission approved the Samaras Structural Engineers & CFMEU Enterprise Agreement 2019, certifying it under section 231 of the Fair Work Act. The agreement is now legally binding on the parties and can be enforced. The interveners' objections were dismissed, and the application for approval was successful. This decision sets a precedent for future enterprise agreements in the structural engineering industry and highlights the importance of promoting productivity, economic prosperity, and improved workplace relations in such agreements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established