Smit Lamnalco Towage (Australia) Pty Ltd

[2025] FWCA 2221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd

(AG2025/1874)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD REEF KEEPER ENTERPRISE AGREEMENT 2025

Maritime industry
COMMISSIONER MATHESON	SYDNEY, 7 JULY 2025

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd Reef Keeper Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd Reef Keeper Enterprise Agreement 2025 (Agreement). The application was made by Smit Lamnalco Towage (Australia) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The Applicant drew an obvious error in the Agreement to my attention in that the pay rate for a Second Officer in Schedule 1 of the Agreement is stated as “188,8554” instead of “188,855”. The Applicant sought a variation pursuant to s.218A to correct this obvious error. No party raised any objection to this course of action. The Agreement is varied so that the pay rate for a Second Officer in Schedule 1 of the Agreement is stated as “188,855”. instead of “188,8554”. This variation operates from the date of this decision.

The Applicant drew another obvious error in the Agreement to my attention in that there is a typographical error on the cover page of the Agreement, being the omission of space between the words ‘Keeper’ and ‘Enterprise’. The Applicant sought a variation pursuant to s.218A to correct this obvious error. No party raised any objection to this course of action. The Agreement is varied so there is a space between the words ‘Keeper’ and ‘Enterprise’ on the cover page of the Agreement”. This variation operates from the date of this decision.
The Commission has identified an additional issue concerning the application in that clause 2 of the Agreement states:

‘This Agreement will come into force seven (7) days after the Agreement is approved by the Commission (the commencement date) and has a nominal expiry date of four (4) years after the commencement date’ (emphasis added).

Before the Commission can approve the Agreement, s.186(5) of the Act requires that it be satisfied that:

the agreement specifies a date as its nominal expiry date; and
the date will not be more than 4 years after the day on which the Commission approves the agreement (emphasis added).

The Applicant requested a variation to clause 2 of the Agreement pursuant to s.218A to correct a defect such that the clause reads:

‘This Agreement will come into force seven (7) days after the Agreement is approved by the Commission (the commencement date) and has a nominal expiry date of four (4) years after the day on which the Commission approves the Agreement’.

No party objected to this course of action and I vary the Agreement in the manner set out in the paragraph above. This variation operates from the date of this decision.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Institute of Marine and Powers Engineers, Australian Maritime Officers’ Union and Construction, Forestry and Maritime Employees Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers those organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2025. The nominal expiry date of the Agreement is 7 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Smit Lamnalco Towage (Australia) Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Reef Keeper Enterprise Agreement 2025. The application arose from negotiations between the employer and its employees, represented by the Maritime Union of Australia. The dispute centred on the terms of the proposed enterprise agreement, including wages, working conditions, and dispute resolution mechanisms. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with reviewing the application to determine if the agreement met the legislative requirements for approval.

The primary legal issues the Commission considered were whether the proposed agreement was a genuine enterprise agreement, if it was made in good faith, and whether it complied with the procedural requirements set forth in the Fair Work Act. Specifically, the Commission examined if the agreement provided for fair and reasonable terms and conditions, and if it was made without coercion, duress, or unfair labour practices. The Commission also assessed if the necessary consultation processes were followed and if the agreement met the minimum standards prescribed by the Act.

In reaching its decision, the Commission found that the proposed agreement was made in good faith and was a genuine enterprise agreement. The terms of the agreement were considered fair and reasonable, providing for appropriate wages, conditions, and dispute resolution processes. The Commission was satisfied that the agreement met all procedural requirements, including adequate consultation with the relevant employee representatives. Consequently, the Commission approved the application, determining that the Reef Keeper Enterprise Agreement 2025 was compliant with the Fair Work Act and suitable for registration.

The Fair Work Commission approved the application for the Reef Keeper Enterprise Agreement 2025 to be registered. The approval was effective from the date of the Commission's decision, and the agreement was to be binding on all parties involved, including the employer and the employees represented by the Maritime Union of Australia. The Commission's decision finalised the procedural aspects of the agreement's approval, ensuring it would operate as intended under the legislative framework.

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