Smit Lamnalco Towage (Australia) Pty Ltd

[2021] FWCA 6988

[2021] FWCA 6988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Lamnalco Towage (Australia) Pty Ltd
(AG2021/8080)

SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD AND MUA GLADSTONE ENTERPRISE AGREEMENT 2021

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 3 DECEMBER 2021

Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2021 (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.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] Appendix 1 and Appendix 2 are publicly accessible on the Commission’s file should anyone, such as an employee, request to access it.

[7] The Appendices are not in the Agreement itself, as such I am satisfied that there is no redacting being made to the Agreement which would cause conflict with the decision of AWU v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FCWFB 7501.

[5] Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 CFMMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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