SMIT Marine Australia Pty Ltd

[2016] FWCA 1898

[2016] FWCA 1898

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SMIT Marine Australia Pty Ltd

(AG2016/472)

SMIT MARINE AUSTRALIA PTY LTD AND AMOU ENTERPRISE

AGREEMENT 2015

Maritime industry

COMMISSIONER SIMPSON BRISBANE, 5 APRIL 2016

Application for approval of the SMIT Marine Australia Pty Ltd and AMOU Enterprise

Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

SMIT Marine Australia Pty Ltd and AMOU Enterprise Agreement 2015 (the Agreement). The

Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by SMIT Marine Australia Pty Ltd.

[2]        The Applicant has requested that the Commission not include for publication

Appendix 1 to the Agreement, which contains key operating documents, the rosters of work

and the operational standards, prime tugs last steam times and the crew roster. The basis for

this request involves matters of commercial sensitivity. I am prepared to grant this request and

the Agreement will be published without Appendix 1 to the Agreement being disclosed.

[3]        I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to

this application for approval have been met.

[4]        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) of the Act, I note that the Agreement covers this organisation.

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

COMMISSIONER

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[2016] FWCA 1898