Australian Institute of Marine and Power Engineers v Smit Lamnalco Towage Australia Pty Ltd T/A Smit Lamnalco Towage Australia

[2023] FWC 1962

[2023] FWC 1962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Australian Institute of Marine and Power Engineers
v

Smit Lamnalco Towage Australia Pty Ltd T/A Smit Lamnalco Towage Australia

(C2022/6471)

VICE PRESIDENT ASBURY BRISBANE, 7 AUGUST 2023

Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)]

1. This Decision concerns an application made by the Australian Institute of Marine and Power Engineers (AIMPE) pursuant to s. 739 of the Fair Work Act 2009 (the Act) for the Fair Work Commission to deal with a dispute under the dispute resolution procedures in the Smit Lamnalco Towage (Australia) Pty Ltd and the AIMPE Gladstone Enterprise Agreement 2022 (the Agreement). The Respondent is Smit Lamnalco Towage Australia Pty Ltd T/A Smit Lamnalco Towage Australia (the Company), the employer covered by the Agreement.

1. The agreed question for determination and my answer to the question are as follows:

Question:

On a proper construction of the Smit Lamnalco Towage (Australia) Pty Ltd and the AIMPE Gladstone Enterprise Agreement 2022, what are the entitlements under clause 22.2 and Appendix 2 for Engineers revalidating their Certificates of Safety Training?

Answer:

The entitlements of employees under the Smit Lamnalco Towage (Australia) Pty Ltd and the AIMPE Gladstone Enterprise Agreement 2022 for revalidating their Certificates of Safety Training are:

1.The Company is required to bear the expense of maintaining Engineers’ current Certificates of Safety Training and to backpay outstanding claims to employees.

2.The Company is required to pay out training days on an employee’s return to work after completion of training related to revalidating a Certificate of Safety Training, as per clause 22 of the Smit Lamnalco Towage (Australia) Pty Ltd and the AIMPE Gladstone Enterprise Agreement 2022.

1. Reasons for this Decision will issue separately.

VICE PRESIDENT

Final written submissions:

The Applicant, 14 February 2023.
The Respondent, 17 February 2023.

Printed by authority of the Commonwealth Government Printer

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