DECISION

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

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2015/2218)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD & MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 2 APRIL 2015

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd & Maritime Union of Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd & Maritime Union of Australia 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 5 March 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[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 Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), 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 MUA, 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 MUA.

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Smit Lamnalco Towage (Australia) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Maritime Union of Australia. The agreement, if approved, would regulate the terms and conditions of employment for certain employees. The Fair Work Commission was the tribunal tasked with assessing the application and determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement contained the required provisions, whether it was free from prohibited content, and whether the process of developing the agreement complied with relevant legislation. Specifically, the Commission had to examine whether the agreement satisfied the requirements of section 230 of the Fair Work Act 2009, which mandates certain provisions and prohibits others. Furthermore, the Commission needed to determine if the agreement was made in good faith and whether the process of developing the agreement was procedurally fair.

In delivering its decision, the Commission found that the agreement contained all the necessary provisions and was free from prohibited content. The Commission considered the evidence presented and concluded that the agreement was made in good faith and the process was procedurally fair. The Commission emphasised the importance of the agreement's provisions and the adherence to legislative requirements. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the statutory framework.

The Fair Work Commission approved the Smit Lamnalco Towage (Australia) Pty Ltd & Maritime Union of Australia Enterprise Agreement 2014. The Commission found that the agreement met all the legal requirements for approval, including the inclusion of necessary provisions, absence of prohibited content, and compliance with the legislative framework. The decision was made in accordance with the provisions of the Fair Work Act 2009.

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