Smit Lamnalco Towage (Australia) Pty Ltd
[2023] FWCA 1744
•19 JUNE 2023
| [2023] FWCA 1744 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Smit Lamnalco Towage (Australia) Pty Ltd
(AG2023/1669)
SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD & AUSTRALIAN MARITIME OFFICERS UNION ENTERPRISE AGREEMENT 2023
| Maritime industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 19 JUNE 2023 |
Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd & Australian Maritime Officers Union Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd & Australian Maritime Officers Union Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Applicant has raised a cross-referencing error in clause 2.3(f) of Schedule 4 of the Agreement and has sought that the Commission exercise its discretion pursuant to s.218A of the Act to amend the obvious error. I am satisfied that the cross-referencing error in clause 2.3(f) of Schedule 4 is an obvious error and I will amend the Agreement accordingly pursuant to s. 218A of the Act.
The Australian Maritime Officers’ Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2023. The nominal expiry date of the Agreement is 9 December 2026.
DEPUTY PRESIDENT
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