DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Smit Lamnalco Australia Pty Ltd
(AG2016/3337)

SMIT LAMNALCO AUSTRALIA MARITIME OFFSHORE OIL AND GAS INDUSTRY ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Smit Lamnalco Australia Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Australia Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016 (the Agreement). I issued a Decision on 2 August 2016 1 approving the Agreement subject to appropriate undertakings.

[2] Consistent with my earlier Decision the Applicant provided the required undertakings. This undertaking (attached) now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2016. The nominal expiry date of the Agreement is 4 August 2020.

COMMISSIONER

1 [2016] FWC 5249.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Smit Lamnalco Australia Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016. The applicants were Smit Lamnalco Australia Pty Ltd and the Maritime Union of Australia, while the respondent was the Department of Employment. The dispute involved the terms and conditions of employment for workers in the maritime offshore oil and gas industry.

The key legal issues before the Commission were whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, whether it promoted high wages and high levels of employment, and whether it was in the best interests of the employees and employers involved. The Commission had to determine if the agreement complied with the mandatory criteria set out in the Act, including the requirement for genuine bargaining, and whether it met the objectives of the Act.

The Commission found that the agreement was made in accordance with the requirements of the Act. The evidence demonstrated that there had been genuine bargaining between the parties and that the agreement was in the best interests of the employees and employers involved. The Commission noted that the agreement provided for a fair and equitable distribution of benefits and did not undermine the rights and freedoms of the parties. The agreement also promoted high wages and high levels of employment, which aligned with the objectives of the Act.

The Commission approved the agreement and made it a registered agreement under the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for workers in the maritime offshore oil and gas industry are fair and reasonable, and that the rights and interests of both employees and employers are protected.

Smit Lamnalco Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established