DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2017/62)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD AND MUA GLADSTONE ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2016 (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] 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 Applicant sought that the appendices be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the appendices be kept confidential between the parties.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2016. The applicant, Smit Lamnalco Towage (Australia) Pty Ltd, sought to have the enterprise agreement registered under the Fair Work Act 2009. The Maritime Union of Australia (MUA) represented the employees, and the dispute centred around the fairness and compliance of the agreement with the legislative requirements.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for registration, including whether it was made in good faith and whether it complied with the procedural requirements set out in the Act. Additionally, the Commission had to determine if the agreement fairly represented the employees and if it met the criteria for being a "single interest" employer agreement. The fairness and content of the agreement, including its provisions on wages, hours of work, and other employment conditions, were also scrutinized.

The Fair Work Commission found that the enterprise agreement was made in good faith and complied with the procedural requirements of the Act. The Commission concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The Commission approved the agreement, noting the parties' efforts to reach a consensus and the comprehensive nature of the agreement. The decision was based on the evidence presented regarding the bargaining process, the agreement's provisions, and the overall fairness of the terms.

The final orders of the Commission were to approve the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2016, subject to certain conditions and the agreement's registration with the Fair Work Ombudsman. The Commission's decision was based on the thorough examination of the agreement and the evidence provided by both parties.

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