DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SMIT Marine Australia Pty Ltd
(AG2016/474)

SMIT MARINE AUSTRALIA PTY LTD AND MUA ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 5 APRIL 2016

Application for approval of the SMIT Marine Australia Pty Ltd and MUA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SMIT Marine Australia Pty Ltd and MUA 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 Maritime Union of Australia, 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) concerned the approval of the SMIT Marine Australia Pty Ltd and MUA Enterprise Agreement 2015. The applicant, SMIT Marine Australia Pty Ltd, sought approval for the agreement, which was negotiated with the Maritime Union of Australia (MUA). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement contained the necessary procedural fairness provisions as required by section 232 of the Fair Work Act. Additionally, the FWC had to determine whether the agreement complied with the good faith bargaining obligations under section 228 of the Act. The FWC was also tasked with ensuring that the agreement did not have any discriminatory or unjust terms contrary to the general protections provisions of the Act.

In its decision, the FWC examined the terms of the agreement and concluded that it contained the requisite procedural fairness provisions, thereby satisfying section 232 of the Fair Work Act. The FWC found that the bargaining process was conducted in good faith and that the agreement did not include any discriminatory or unjust terms. The FWC also considered submissions from the parties and relevant stakeholders during the hearing. Based on these findings, the FWC approved the enterprise agreement.

The FWC's approval of the SMIT Marine Australia Pty Ltd and MUA Enterprise Agreement 2015 was effective from the date of the decision, ensuring that the terms of the agreement would govern the employment conditions of the relevant workers. This decision provided clarity and certainty for both the employer and the union regarding the approved terms and conditions of employment.

SMIT Marine Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established