[2015] FWCA 8698 [Note: An appeal pursuant to s.604 (C2016/2045) was lodged against this decision - refer to Full Bench decision dated 26 February 2016 [[2016] FWCFB 1145] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Lamnalco (Australia) Pty Ltd
(AG2015/7405)

SLOA ENTERPRISE AGREEMENT 2015

Maritime industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 DECEMBER 2015

Application for approval of the SLOA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SLOA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Smit Lamnalco (Australia) Pty Ltd.(the Applicant).The agreement is a single enterprise agreement.

[2] I am now satisfied that the Agreement has been signed in accordance with Regulation 2.06A(2) of the Fair Work Regulations 2009 and that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 15 December 2019.

[4] The signature page will remain unpublished

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Smit Lamnalco (Australia) Pty Ltd, sought the approval of the SLOA Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred around whether the agreement met the criteria for registration under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fair and if it adhered to the legislative requirements.

The court examined several legal issues, including whether the agreement was negotiated in good faith, if it provided for proper minimum entitlements, and if it complied with the procedural requirements set out in the Fair Work Act. The applicant argued that the agreement was fair and met all necessary criteria, while opposing parties contended that certain provisions were unfair and did not meet the legislative standards.

The Fair Work Commission found that the agreement was generally fair and met the requirements of the Fair Work Act. The Commission considered the good faith negotiation process and the minimum entitlements provided by the agreement. The Commission also noted that while some provisions were contentious, they did not outweigh the overall fairness of the agreement. Consequently, the application for approval was successful.

The Commission approved the SLOA Enterprise Agreement 2015, thereby allowing it to be registered with the Fair Work Commission. This approval ensured that the agreement would be legally binding and enforceable, providing a framework for the employment conditions between the applicant and the employees covered by the agreement.

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