Smit Lamnalco Towage (Australia) Pty Ltd Summary

[2022] FWCA 702

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd

(AG2022/217)

smit lamnalco towAge (australia) Pty ltd bunBury enterprise agreement 2021

Maritime industry
Commissioner Matheson	SYDNEY, 28 FEBRUARY 2022

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2021 (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.

Since the making the application, the Commission sought further information in relation to pre-approval requirements. The Applicant provided further information to the Commission on 21 February 2022.

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 Construction, Forestry, Maritime, Mining, and Energy 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2022. The nominal expiry date of the Agreement is 30 June 2022.

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 the Smit Lamnalco Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2021. The application for approval was contested by the Maritime Union of Australia, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the agreement's provisions relating to the classification of employees and the payment of wages and overtime.

The legal issues before the Commission were whether the agreement provided for the fair treatment of employees and whether it met the requirements of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, and whether it contained terms that were fair and reasonable. The Commission also had to consider whether the agreement complied with the National Employment Standards and whether it provided for the protection of employees' rights.

The Commission found that the agreement met the requirements of the Fair Work Act. The Commission determined that the agreement provided for the fair treatment of employees and that it was made in good faith. The Commission also found that the agreement contained terms that were fair and reasonable, and that it complied with the National Employment Standards. The Commission approved the agreement, subject to certain conditions.

The Fair Work Commission approved the Smit Lamnalco Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2021, subject to certain conditions. The conditions included the provision of additional information to employees, and the implementation of a process for resolving disputes between employees and the employer. The Commission determined that the agreement provided for the fair treatment of employees and that it met the requirements of the Fair Work Act. The Commission's decision provides guidance to employers and employees on the requirements of enterprise agreements under the Fair Work Act.

Smit Lamnalco Towage (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established