Samaras Structural Engineering

[2014] FWCA 8312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Samaras Structural Engineering
(AG2014/9817)

SAMARAS STRUCTURAL ENGINEERS WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 NOVEMBER 2014

Application for approval of the Samaras Structural Engineers Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Samaras Structural Engineers Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samaras Structural Engineers. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 3 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Samaras Structural Engineering, the applicant sought approval for the Samaras Structural Engineers Workshop Agreement 2014. The matter was heard in the Fair Work Commission, which has jurisdiction over employment agreements and workplace relations matters in Australia. The application was brought to address the compliance and fairness of the proposed agreement, which aimed to set out the terms and conditions for employees within the structural engineering workshop.

The primary legal issues before the Commission involved assessing whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. These requirements included determining if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural fairness standards set by the Commission. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' rights or entitlements under the National Employment Standards.

The Commission examined the specifics of the agreement, including wage rates, working hours, leave entitlements, and other employment conditions. The applicant argued that the proposed terms were necessary to remain competitive in the industry and to adequately compensate employees. After considering the evidence and submissions from both parties, the Commission found that the agreement, while generally fair, required some adjustments to meet the statutory requirements for approval. Consequently, the Commission made modifications to the agreement to ensure compliance with the Fair Work Act and granted approval for the amended version.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established