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

[2017] FWCA 5329

[2017] FWCA 5329

FAIR WORK COMMISSION

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

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