Smit Lamnalco Towage (Australia) Pty Ltd

[2015] FWCA 2311

[2015] FWCA 2311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2015/2213)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD & AIMPE MARINE ENGINEERS HARBOUR TOWAGE ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 2 APRIL 2015

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd & AIMPE Marine Engineers Harbour Towage Enterprise Agreement 2014.

[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 2014 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 19 March 2015. The application included a Statutory Declaration of Emma Fensom made on behalf of the Employer and dated 18 March 2015, (the Declaration). The Declaration stated that the Agreement was made on 3 March 2015. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made two days after the 14 day period, and the employer has provided submissions regarding the late lodgement, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 2 April 2015. I note that the file has included a Statutory Declaration of Gregory James Yates made on behalf of the Australian Institute of Marine and Power Engineers (the AIPME), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 9 and a consultation term at clause 36.

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

[7] The AIMPE, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AIMPE.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 9 April 2015. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 30 June 2017.

COMMISSIONER

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