Maritime Union of Australia, the v Smit Lamnalco (Australia) Pty Ltd

The Maritime Union of Australia (MUA) appealed a decision of Deputy President Hamilton, who had approved the SLOA Enterprise Agreement 2015. The Fair Work Commission (FWC) Full Bench, comprising Vice President Hatcher, Deputy President Asbury, and Commissioner McKenna, heard the appeal on 26 February 2016. The appeal contested the approval of an enterprise agreement by Deputy President Hamilton, asserting procedural errors in the application and the agreement document. Specifically, the MUA argued that the application was not in the approved form and lacked necessary details, rendering the approval process invalid.

The court had to determine if the Deputy President's approval of the agreement was legally sound, given the alleged procedural deficiencies in the application and the agreement document. The primary issues were whether the application complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, and if the Deputy President had the necessary information to make an informed decision. The court examined if the application and the agreement met the statutory and regulatory requirements, particularly concerning the signing of the agreement and the completeness of the application form.

The Full Bench found that the application and the agreement document contained significant omissions and redactions that violated statutory and regulatory requirements. The application was missing a critical page and had redacted necessary details, while the agreement document lacked required signatures and explanations of authority. These deficiencies meant the Deputy President did not have the proper information to approve the agreement. Consequently, the Full Bench concluded that the Deputy President's approval was invalid. The court granted the appeal, quashed the earlier decision, and dismissed SMIT Lamnalco's application for approval of the agreement. A separate order was issued to reflect these findings.