M&I Samaras (No 1) Pty Ltd & M&I Samaras (No 2) Pty Ltd & M&I Samaras (No 3) Pty Ltd Summary

[2021] FWCA 6047

FAIR WORK COMMISSION

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
(AG2021/7341)

SAMARAS STRUCTURAL ENGINEERS WORKSHOP AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Samaras Structural Engineers Workshop Agreement 2021

[1] M&I Samaras (No 1) Pty Ltd & M&I Samaras (No 2) Pty Ltd & M&I Samaras (No 3) Pty Ltd has made an application for approval of an enterprise agreement known as the Samaras Structural Engineers Workshop Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Manufacturing Workers' Union (AMWU), 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 its declaration, I note that the Agreement covers the AMWU.

[5] The Agreement was approved on 29 September 2021 and, in accordance with s 54, will operate from 6 October 2021. The nominal expiry date of the Agreement is 6 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Samaras Structural Engineers Workshop Agreement 2021, brought before the Fair Work Commission. The applicants, M&I Samaras (No 1) Pty Ltd, M&I Samaras (No 2) Pty Ltd, and M&I Samaras (No 3) Pty Ltd, sought approval of the agreement to implement specific terms and conditions for their employees. The legal issues the court needed to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the process of creating the agreement was procedurally fair.

The court examined the statutory requirements and found that the agreement complied with the necessary provisions under the Fair Work Act. The court also assessed the procedural fairness of the agreement's creation, considering the involvement of the employees and their representatives. The court determined that the process was fair and that the agreement met all legal requirements for approval. The applicants' application was granted, and the agreement was approved, ensuring that the terms and conditions it contained would apply to the employees of the three companies.

M&I Samaras (No 1) Pty Ltd & M&I Samaras (No 2) Pty Ltd & M&I Samaras (No 3) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established