DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2017/66)

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

Port authorities
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd and AIMPE 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 AIMPE 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 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 applicant, Smit Lamnalco Towage (Australia) Pty Ltd, sought the Fair Work Commission's approval of the Enterprise Agreement entered into with the Australian Industrial Mechanical and Electrical Trade Employees Association (AIMPE). The AIMPE Gladstone Enterprise Agreement 2016, which was intended to regulate the employment conditions of certain employees, was the subject of this application. The Fair Work Commission was the tribunal that heard the case. The legal issues that the court had to resolve were primarily concerned with whether the agreement complied with the necessary legal standards and whether it was made in good faith, as required by the Fair Work Act 2009. The court had to consider whether the agreement contained the necessary provisions for minimum wage rates, penalty rates, and other employment conditions, and whether it was fair and reasonable in all of its terms.

The court's reasoning focused on the provisions of the Fair Work Act and the principles of good faith bargaining. It examined whether the agreement had been made in accordance with the legal requirements and whether it contained the necessary provisions for minimum wage rates, penalty rates, and other employment conditions. The court also considered whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The court found that the agreement was made in good faith and that it met the legal requirements set out in the Fair Work Act. The agreement contained the necessary provisions for minimum wage rates, penalty rates, and other employment conditions, and it was fair and reasonable in all of its terms.

As a result, the Fair Work Commission approved the AIMPE Gladstone Enterprise Agreement 2016. The orders of the commission were that the agreement be approved as a registered agreement under section 173 of the Fair Work Act. The agreement would now be binding on the parties and would regulate the employment conditions of the employees covered by the agreement. This decision provided certainty and stability to the employment relationship between the parties and ensured that the employees were protected by the terms of the agreement.

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