SAMI Bitumen Technologies Pty Ltd Summary

[2022] FWCA 3173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SAMI Bitumen Technologies Pty Ltd

(AG2022/3278)

SAMI Manufacturing Enterprise Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 SEPTEMBER 2022

Application for approval of the SAMI Manufacturing Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the SAMI Manufacturing Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 September 2022. The nominal expiry date of the Agreement is 19 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SAMI Bitumen Technologies Pty Ltd applied to the Fair Work Commission for the approval of the SAMI Manufacturing Enterprise Agreement 2022. The application was made under section 231 of the Fair Work Act 2009, which mandates that the agreement must be "in the public interest" before it can be approved. The dispute primarily centred on the terms of the agreement, particularly those concerning wages and working conditions for employees within the manufacturing sector.

The key legal issues before the Commission were whether the agreement met the statutory criteria for public interest approval, including whether it provided for fair and reasonable terms for employees, and whether it aligned with the broader objectives of the Fair Work Act. The Commission had to consider the specific terms of the agreement, the submissions made by the parties involved, and the broader implications of approving the agreement for the industry and the workforce.

The Fair Work Commission, after reviewing the submissions and evidence presented, found that the agreement satisfied the criteria for public interest approval. The Commission determined that the agreement provided for fair and reasonable terms for employees, was in line with the objectives of the Fair Work Act, and would not have an adverse effect on the public interest. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act 2009.

The final orders of the Commission included the approval of the SAMI Manufacturing Enterprise Agreement 2022, effective from the date of the decision. This approval was contingent upon compliance with the terms and conditions set forth in the agreement, and the Commission retained jurisdiction to make further orders as necessary to ensure adherence to the agreement.

SAMI Bitumen Technologies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established