DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2017/3128)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD AND AIMPE MARINE ENGINEERS HARBOUR TOWAGE ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 7 SEPTEMBER 2017

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd & AIMPE Marine Engineers Harbour Towage Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd & AIMPE Marine Engineers Harbour Towage Enterprise Agreement 2017 (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 Towage (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Institute of Marine and Power Engineers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Smit Lamnalco Towage (Australia) Pty Ltd, the Fair Work Commission (FWC) was asked to consider the approval of the proposed Enterprise Agreement (EA) between Smit Lamnalco Towage (Australia) Pty Ltd and the Australian Institute of Marine and Power Engineers (AIMPE). The applicants sought to have the EA, which included various terms and conditions of employment, approved as a registered EA under the Fair Work Act 2009.

The central legal issue before the FWC was whether the proposed EA met the statutory requirements for registration as prescribed under the Fair Work Act 2009. This involved ensuring the EA contained the necessary provisions, did not include prohibited content, and was made in good faith. The FWC also needed to consider whether the process by which the EA was formed was compliant with the Act, including whether appropriate consultation and negotiation had occurred.

The FWC determined that the EA met all statutory requirements for registration. The Commission found that the EA contained all the mandatory terms and conditions required by the Act, did not include any prohibited content, and was made in good faith. The FWC also concluded that the process by which the EA was formed was compliant with the Act, noting that there had been appropriate consultation and negotiation between the parties. The Commission was satisfied that the EA provided fair and reasonable terms for the employees, taking into account the needs and interests of both the employer and the employees.

The FWC approved the proposed EA as a registered EA, effective from 1 July 2017. This approval means the terms and conditions of employment outlined in the EA are legally binding on the parties from the specified commencement date. The decision ensures that the EA will govern the employment relationship between Smit Lamnalco Towage (Australia) Pty Ltd and its employees represented by AIMPE, providing a framework for wages, conditions, and dispute resolution.

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