DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SAMI Bitumen Technologies Pty Ltd T/A SAMI Bitumen Technologies
(AG2017/419)

SAMI MANUFACTURING ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 24 MARCH 2017

Application for approval of the SAMI Manufacturing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SAMI Manufacturing Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SAMI Bitumen Technologies Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertaking. A copy of the undertaking 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 the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2017. The nominal expiry date of the Agreement is 23 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, SAMI Bitumen Technologies Pty Ltd, trading as SAMI Bitumen Technologies, applied to the Fair Work Commission for approval of the SAMI Manufacturing Enterprise Agreement 2016. The application arose from negotiations between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with determining if the agreement met the necessary criteria for approval, including whether it provided for the protection of employee rights and interests.

The primary legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions, and if it was made in good faith. Additionally, the Commission considered if the agreement was free from any unlawful content and whether it complied with the procedural requirements for its approval. The Commission also had to assess if the agreement provided fair and reasonable terms for the employees, considering their specific needs and the nature of the industry.

The Fair Work Commission found that the SAMI Manufacturing Enterprise Agreement 2016 complied with all the statutory requirements for approval. The Commission determined that the agreement contained all the mandated minimum terms and conditions, was made in good faith, and was free from any unlawful content. The Commission also concluded that the agreement provided fair and reasonable terms for the employees, taking into account their specific needs and the nature of the industry. Consequently, the Commission approved the agreement, recognising that it met the necessary criteria for approval under the Fair Work Act 2009 and the Fair Work Regulations 2009.

As a result of the Commission's decision, the SAMI Manufacturing Enterprise Agreement 2016 was approved and came into effect. This outcome provided legal certainty for both the employer and employees, ensuring that the terms and conditions of employment were fair, reasonable, and in compliance with the relevant legislation.

SAMI Bitumen Technologies Pty Ltd T/A SAMI Bitumen Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established