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
[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

Printed by authority of the Commonwealth Government Printer

<AE526424  PR780368>

ANNEXURE A

Details
AGLC
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 [2024] FWCA 3630
Case
[2024] FWCA 3630
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a single enterprise agreement, the Samaras Structural Engineers Workshop Agreement 2024, submitted by 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. The application was made under section 185 of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval and whether it would cause financial detriment to employees or result in substantial changes to existing terms. The Automotive, Metal, Engineering, Printing and Kindred Industries Union (AMWU) also lodged a notice under section 183 of the Act, indicating it wished the agreement to cover its members.

The central legal issues before the Commission were whether the application satisfied the requirements of sections 186, 187, 188, and 190 of the Fair Work Act, including ensuring that the agreement did not cause financial detriment to employees and did not result in substantial changes to existing terms. Additionally, the Commission had to determine whether the agreement would provide more beneficial entitlements than the National Employment Standards (NES) where there were inconsistencies. The Commission also needed to consider whether the AMWU’s notice of coverage under section 201(2) of the Act was valid.

The Commission found that the applicant's written undertakings ensured that the agreement would not cause financial detriment to employees and would not result in substantial changes. The Commissioner was satisfied that the agreement met all the relevant requirements of the Fair Work Act. Furthermore, it was determined that the more beneficial entitlements of the NES would prevail in any inconsistency with the agreement. The AMWU's notice for coverage was also considered valid, thus the agreement was deemed to cover the union's members. Consequently, the agreement was approved and set to operate from 29 October 2024, with a nominal expiry date of 29 October 2027.

In summary, the Fair Work Commission approved the Samaras Structural Engineers Workshop Agreement 2024, subject to the specified undertakings. The agreement will cover employees of the applicant companies and the AMWU, and it will operate from 29 October 2024 until 29 October 2027. The Commission ensured that all legal criteria were met, and the agreement did not adversely affect employees or result in substantial changes to existing terms.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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