Samphire WA Pty Ltd T/A Samphire

Case

[2023] FWCA 2735

28 AUGUST 2023


[2023] FWCA 2735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Samphire WA Pty Ltd T/A Samphire

(AG2023/2677)

SAMPHIRE ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER MATHESON

SYDNEY, 28 AUGUST 2023

Application for approval of the Samphire Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Samphire Enterprise Agreement (Agreement). The application was made by Samphire WA Pty Ltd T/A Samphire (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). 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.

  1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

  1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2023. The nominal expiry date of the Agreement is 28 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521279  PR765585>

Annexure A

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