DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2018/6626)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD BUNBURY ENTERPRISE AGREEMENT 2018

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Smit Lamnalco Towage (Australia) Pty Ltd.

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

[3] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Smit Lamnalco Towage (Australia) Pty Ltd, sought the Fair Work Commission's approval of the Bunbury Enterprise Agreement 2018, which was to govern the terms and conditions of employment for its employees. The dispute arose from the company's application to the Fair Work Commission for the endorsement of the agreement, which was necessary for it to be legally binding. The Commission was tasked with determining whether the agreement met the statutory requirements and if it was in the best interests of the employees.

The central legal issues before the Commission involved assessing whether the agreement was genuinely negotiated and if it complied with the requirements set out in the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement would provide fair and reasonable terms and conditions for the employees and if it was consistent with the principles of the industrial relations system. The Commission was also required to ensure that the agreement did not disadvantage any employee or group of employees.

In examining the application, the Fair Work Commission considered the evidence and submissions provided by the parties. The Commission found that the agreement had been genuinely negotiated between the employer and the employees' representative. It also found that the agreement met all the statutory requirements and provided fair and reasonable terms and conditions for the employees. The Commission determined that the agreement was in the best interests of the employees and did not disadvantage any party. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Bunbury Enterprise Agreement 2018, and it became a legally binding document. The agreement provided a framework for the terms and conditions of employment for the employees of Smit Lamnalco Towage (Australia) Pty Ltd, and it was to remain in effect until a new agreement was negotiated or until it was terminated in accordance with the Fair Work Act 2009. The approval of the agreement marked the resolution of the dispute between the employer and the employees' representative.

Smit Lamnalco Towage (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