DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2016/4387)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD BUNBURY ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd Bunbury 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] 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.

[4] 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.

[5] The Agreement was approved on 24 August 2016 and, in accordance with s.54, will operate from 31 August 2016. The nominal expiry date of the Agreement is 24 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Smit Lamnalco Towage (Australia) Pty Ltd, the Fair Work Commission was asked to approve a proposed enterprise agreement for the employees of the company. The dispute arose from the negotiation and proposed terms of the Bunbury Enterprise Agreement 2016, which the company aimed to implement. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and contained the necessary provisions to ensure its fairness to all parties involved.

The legal issues before the Commission included whether the agreement had been negotiated genuinely, whether it contained all the necessary terms, and whether it met the standards for procedural and substantive fairness as required by the Fair Work Act. The Commission also had to consider whether the agreement adequately protected the interests of the employees and whether it complied with the relevant industrial instruments and awards.

In delivering its decision, the Commission carefully examined the negotiation process and the terms of the proposed agreement. It found that the agreement had been negotiated in good faith and contained all the necessary terms required by the Fair Work Act. The Commission also determined that the agreement was fair and balanced, taking into account the needs of both the employees and the employer. After considering all the evidence and arguments presented, the Commission approved the Bunbury Enterprise Agreement 2016.

The Fair Work Commission approved the Bunbury Enterprise Agreement 2016, finding that it met the necessary requirements of the Fair Work Act and was fair and balanced. The decision confirms the importance of genuine negotiation and the need for agreements to adequately protect the interests of all parties involved.

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