DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an 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
(AG2017/4534)

SAMARAS STRUCTURAL ENGINEERS & CFMEU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 OCTOBER 2017

Application for variation of the Samaras Structural Engineers & CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Samaras Structural Engineers & CFMEU Enterprise Agreement 2015 (the Agreement). The application was 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 pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 17 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, M & I Samaras No 1 Pty Ltd & M & I Samaras No 2 Pty Ltd & M & I Samaras No 3 Pty Ltd, trading as Samaras Structural Engineers, applied to the Fair Work Commission for a variation of the Samaras Structural Engineers & CFMEU Enterprise Agreement 2015. The application was made under section 240 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the application met the requirements of section 235 of the Act and whether it was appropriate to vary the enterprise agreement in the circumstances presented.

The legal issues that the Fair Work Commission had to address were whether the application was made in good faith and whether the proposed changes were necessary to achieve a better outcome for the parties. The Commission also had to consider whether the changes would result in a simpler, more flexible, and more efficient workplace. The applicant argued that the changes were necessary to improve the business's financial position and to remain competitive in the industry. The Commission had to weigh the applicant's arguments against the potential impact of the changes on the employees.

The Fair Work Commission found that the applicant had made the application in good faith and that the proposed changes were necessary to achieve a better outcome for the parties. The Commission noted that the changes would result in a simpler, more flexible, and more efficient workplace, which would benefit both the employer and the employees. The Commission also found that the changes would not have a significant adverse effect on the employees and that the applicant had made efforts to minimise any potential negative impact. The Commission concluded that the application met the requirements of section 235 of the Act and that it was appropriate to vary the enterprise agreement.

The Fair Work Commission varied the enterprise agreement to reflect the changes proposed by the applicant. The variation included changes to the employees' hours of work, shift patterns, and leave entitlements. The Commission also made orders to ensure that the employees were consulted and informed about the changes and that any disputes arising from the changes were resolved through the enterprise agreement's dispute resolution procedures. The variation came into effect on the date of the Commission's decision.

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