Samphire WA Pty Ltd T/A Samphire

[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

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.

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.

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

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.

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

Annexure A

CaseChat Overview and Summary

Samphire WA Pty Ltd, trading as Samphire, applied to the Fair Work Commission for approval of the Samphire Enterprise Agreement 2023. The application was brought about as a result of negotiations between Samphire and its employees, seeking to establish the terms and conditions of employment for the coming years. The Fair Work Commission, presided over by Commissioner Smith, was tasked with reviewing the agreement to ensure it complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural requirements for its approval, and whether the terms of the agreement were consistent with the principles of the Act. This included assessing whether the agreement was made in good faith, whether it contained only matters that are directly related to the employees' terms and conditions of employment, and whether it provided for a proper process for the resolution of disputes. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees, including minimum wages and entitlements.

The Fair Work Commission found that the agreement had been made in good faith and contained only matters directly related to the employees' terms and conditions of employment. The Commission was satisfied that the agreement provided for a proper process for the resolution of disputes and that it provided adequate protections for employees, including minimum wages and entitlements. The Commission concluded that the agreement was fair and reasonable and approved it, subject to certain minor amendments to ensure compliance with the Act.

In its decision, the Commission made minor amendments to the agreement to ensure it fully complied with the Fair Work Act 2009. These amendments included clarifying the process for the resolution of disputes and ensuring that the agreement provided for adequate minimum wages and entitlements. The Commission determined that these amendments were necessary to ensure that the agreement met the requirements of the Act and would provide fair and reasonable terms and conditions of employment for the employees of Samphire.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established