DECISION

Fair Work Act 2009
s.185—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
(AG2015/3895)

SAMARAS STRUCTURAL ENGINEERS & CFMEU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Samaras Structural Engineers & CFMEU Enterprise Agreement 2015 (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 agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 July 2015 and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, being various entities trading as Samaras Structural Engineers, sought approval of their enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute came before the Fair Work Commission, with the applicants arguing that the proposed agreement was fair and reasonable, while objectors contended otherwise. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was fair and reasonable having regard to the circumstances of the parties, including the need to promote high levels of employment and economic efficiency.

The Commission examined the arguments presented by both sides, considering the nature of the agreement, the bargaining positions of the parties, and the provisions within the agreement. The applicants argued that the agreement was a product of genuine collective bargaining and included terms that were fair and reasonable in light of the broader economic environment and the need to maintain employment levels. Objectors raised concerns about certain provisions, particularly those relating to redundancy and the implications for broader industry standards. The Commission weighed these concerns against the need to balance the interests of both employers and employees and concluded that the agreement, while not perfect, was fair and reasonable overall. It was found to promote the objectives of the Act, including the maintenance of employment and economic efficiency.

The Fair Work Commission approved the Samaras Structural Engineers & CFMEU Enterprise Agreement 2015, finding it to be fair and reasonable. The decision acknowledged the need to balance the interests of both employers and employees while promoting the broader objectives of the Fair Work Act 2009. The Commission found that despite some objections, the agreement did not deviate significantly from industry standards and was a product of genuine collective bargaining efforts. The final orders included the approval of the agreement, subject to the terms and conditions as presented.

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