Smit Lamnalco Australia Pty Ltd

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. The matter was heard by Deputy President G.A. Harbison. The central issue for determination was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it contained a genuine bargain, was made in good faith, and did not undermine the integrity of the industrial relations system.

The Commission considered the process by which the agreement was formed, the extent of consultation between the parties, and the provisions of the agreement itself. It was noted that the agreement had been negotiated in good faith and involved a genuine bargaining process. The Commission also assessed whether the agreement contained any terms that would undermine the integrity of the industrial relations system. After careful consideration of the evidence and arguments presented, the Deputy President concluded that the agreement met all the necessary criteria for approval. It was a genuine bargain, made in good faith, and did not undermine the integrity of the industrial relations system.

Accordingly, the Deputy President approved the Smit Lamnalco Australia Maritime Offshore Oil and Gas Industry Enterprise Agreement 2016. The agreement was approved as a registered agreement effective from the date of the decision. The decision ensures that the terms of the agreement are enforceable and binding on the parties, providing a clear framework for the employment conditions of workers within the maritime offshore oil and gas industry.